What could the ‘right to disconnect’ mean for employers?

What is the ‘right to disconnect’?

The ‘right to disconnect’ is a set of rules designed to help workers separate their home and work life. Several countries already adopt ‘right to disconnect’ rules, such as Australia, Ireland, France, and Belgium.

So why is it becoming increasingly popular?

With the rise of home working and digital communication, the lines between home and work life often blur. When an employee’s home becomes their office, any after-hours contact from management makes it easier to continue working. So it becomes more difficult to snap out of ‘work mode’.

This can cause employee burnout and presenteeism. With a negative impact on morale and wellbeing, it can also drive staff to quit.

The ‘right to disconnect’ helps combat this, as it promotes proper rest and relaxation at home.

Each country follows slightly different rules, but often, a ‘right to disconnect’ gives employees the right to:

• Not be contacted outside of normal working hours
• Not be penalised for not responding to work enquiries outside of normal working hours

As the Labour government has announced plans to introduce “the right to switch off” to ensure homes don’t turn “into 24/7 offices”, UK employers can expect similar guidelines soon…

What could the UK’s ‘right to disconnect’ rules look like?

It’s likely that, along with Ireland and Belgium, the UK will introduce this as a code of practice, rather than a law.

This would mean organisations could apply the rules to suit their requirements and people, rather than follow a “one-size-fits-all” approach. The Labour Party has expressed that they want to give workers and employers:

“the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties”.

This implies that there will be room for employers to manage the guidance in a way that suits their staff.

However, if it becomes a statutory code, it could influence employment tribunal outcomes – like the Acas guidelines on disciplinaries. This means that if an employer brings a claim against their boss, the business will face harsher penalties if they haven’t followed the code of practice.

It’s not yet confirmed whether this code of practice will ban employers from contacting staff out-of-hours altogether (like in France) or whether it will simply grant employees the right not to respond (like in Australia).

Either way, it would provide legal reassurance for workers that they can switch off from work without facing negative consequences.

When would the ‘right to disconnect’ kick in?

There is no date for when employers could expect new rules.

We may have more details on the new right once the Employment Rights Bill reaches parliament. At the Labour Party Conference, the party confirmed this would be in October 2024.

But by the time the bill passes through the parliamentary process, it would most likely be 2025 before any new rules kick in.

In the meantime, you could get a head start by honouring Labour’s promise to “promote a positive work-life balance for all workers”. You could prepare by…

Setting clear boundaries

It’s good practice to lead by example – and show that out-of-hours contact isn’t the norm within your business. If you regularly contact employees outside their contracted hours, they might assume you expect them to reply.

This could trigger workplace stress and create an unhealthy boundary.

So, even if you prefer to catch up with comms later in the day, there are ways you can do this without interrupting your employee’s personal time. For example, you can schedule an email to send at a later time – like when your employee is due to start work the next day.

Alternatively, you can state that you don’t expect your employee to reply outside of their working hours.

Encouraging a healthy work-life balance

To avoid employee burnout, make sure you monitor whether staff are using up their annual leave. If you notice that an employee is letting their leave pile up, it may be that they feel they have too much work to complete.

In this situation, check in with your employee to see how they’re coping with their workload. Remind them to book their annual leave, and if they feel unable to do so, set out a plan to ease their workload.

Updating employee handbooks

Don’t forget, the Labour Party has said they want employers to create “bespoke workplace policies or contractual terms” to set out their ‘right to disconnect’ rules.

So when this new guidance kicks in, you will need to make sure your policies reflect this.

If you’re unsure how to create fair and compliant documents, seek expert support. Over 44,000 UK employers outsource their HR documentation to Peninsula – saving them time, risk, and worry.