At a time when flexible and hybrid working arrangements are becoming more prevalent, employee working practices and wellbeing have risen up senior management agendas and work-life balance as an issue is gaining more attention than ever.

There are many facets to a discussion on what work-life balance is, and indeed how it can be best achieved. In this feature, we look at the concept of a “right to disconnect” – which many countries have passed into law and this year the Republic of Ireland (ROI) introduced as a Code of Practice – and what steps employers can take to apply the principles and ethos of a right to disconnect.

Remote Working And Work/Life Blur

The COVID-19 pandemic drove employees in a variety of sectors to work from home almost overnight. For those who did not already have the capacity to work remotely, employers quickly installed the software and bought the equipment to enable them to do their jobs effectively from home. We have also seen emerging technologies and platforms such as Zoom and Microsoft Teams being used to connect colleagues and clients anywhere, at any time.

While there is plenty of evidence to show that productivity and working standards have remained high – to the extent that many will now work from home in some capacity in the longer term – there have been some downsides. One such downside is commonly referred to as the ‘work/life blur’, where the ease of access to work at home has increased working hours and led to more regular ‘out of hours’ working. The impact of uncontrollable hours on employee wellbeing is now being seen.

Against this backdrop, there have been calls for the UK government to legislate on a right to disconnect in the forthcoming Employment Bill, expected later this year.

UK think tank, Autonomy recently published a report discussing the right to disconnect. It highlighted pandemic-related issues such as hidden overtime, impacts on health and performance and the disproportionate impact on women. It also suggested legislative wording for a new right. Trade union Prospect, also published a guide looking at different approaches to such a right, which it says “is about defining how technology affects us and ensuring a fair work-life balance”.

What Is The Right To Disconnect?

Providing a right to disconnect basically entitles workers to switch or log off from work outside of their normal working hours, and to do so without being asked or feeling obligated to work save perhaps in exceptional circumstances.

While the right to disconnect is gaining more attention in the UK, it is not a new concept. Legislation is already in place in some EU countries, including France. In the Republic of Ireland, a Code of Practice for employers and employees on the right to disconnect came into effect from April 2021.

The Irish code introduced the right to not have to routinely perform work outside of normal working hours, the right to not be penalised for refusing to attend to work matters outside of normal working hours, and the duty to respect another person’s right to disconnect. While it is a code and not legally binding, it can be relied on in legal proceedings, meaning tribunals can look at an employer’s conduct against the provisions of the Code when assessing a complaint.

The implementation of the Code in Ireland means that most Irish employers will now have to assess their working arrangements and implement a Right to Disconnect policy in the workplace.

Economy Minister, Gordon Lyons has recently confirmed that there are no proposals to legislate on a right to disconnect in Northern Ireland. However, this is an interesting development in a neighbouring jurisdiction and will be of particular interest for any employers with cross border operations.

It is also a good indicator of the direction of travel when it comes to prioritising employee wellbeing and better work-life balance. With that in mind, many HR managers and senior leaders may be considering implementing a policy sooner rather than later, as part of a wider wellbeing strategy.

What Should Be Included In A Right To Disconnect Policy?

Firstly, the operation of such a policy is not intended to be prescriptive, so as to prevent all out of hours working. It is recognised that many employees have enjoyed the ability to flex their working hours where they can, and perhaps make up their hours in the evenings or at the weekend. Also, in many industries a strict 9 to 5 culture does not exist. It is also acknowledged that there may be occasions where particular work demands will require additional hours from employees.

However, a right to disconnect policy can instil common rules and promote behaviours in the workplace that encourage people to switch off, respect the decisions of others to switch off and manage expectations accordingly. If employees are working longer hours, consideration should be given as to whether this is the exception or the rule.

As with any workplace policy, it should state its purpose and intention. This should reflect company ethos and values.

It should also outline what the right to disconnect means and how the policy will be implemented and monitored, as well as any additional steps that will be taken to support its application. This could include, for example, information within email signatures that explains emails will not be responded to outside of working hours, or that others are not expected to respond to an email they receive outside of working hours.

A policy may encourage regular discussions between employees and line managers about disconnecting, and address concerns about excess work demands and/or longer working hours.

As with any policy, training line managers and communicating with employees will also help to promote the benefits.

Encouraging Balance – Why Is It Important?

As we move into an era of fully remote or hybrid working practices, it is important that employers take active steps to encourage employees to disconnect and maintain balance and boundaries between home and work. Outlining a formal policy on the right to disconnect is a great way of highlighting employer commitment to ensure that all staff members enjoy a work-life balance.

Considering balance, and/or voluntarily introducing policies around some of the issues raised by the right to disconnect, can also help to boost employee morale and your brand as a family-friendly employer. This can not only help with employee retention and recruitment, it can also reduce the risk of employment claims such as constructive dismissal and mental health related disability discrimination claims as a result of pressures from unreasonable work demands and long working hours. It has also been reported that women are more likely to feel the effects of the work/life blur. As such, there is a risk of an indirect sex discrimination claim from the operation of working practices that may encourage or expect employees to work routinely outside of their normal working hours.

Finally, employers will be only too aware of the heavy cost of long-term sickness absence to a business, and stress related absences are on the rise. Therefore, proactively targeting unhealthy working practices can save businesses money in the long term by driving down sickness absence rates and improving productivity.

Conclusion

The introduction of a right to disconnect policy is a great way to demonstrate commitment to employee wellbeing and healthier working practices. If implemented in the spirit for which it is intended, it does not have to impact on business outputs, and in the long run may see a significant return on investment in terms of better employee retention rates and lower sickness absence rates.

Policies covering matters such as the right to disconnect will become more important as working practices evolve and we see further movement away from traditional working models.

This is an area in which we have seen many countries implementing rules, and we await the Employment Bill at the end of the year to see if the UK government will follow suit. Whilst the Economy Minister’s recent statement on the right to disconnect suggests no prospect in the near future of legislating on the subject, employers in Northern Ireland may still wish to take steps to implement a right to disconnect framework to align with new ways of working across their organisation.

You can hear TLT’s latest employment law podcast episode on employee wellbeing post-pandemic, which includes discussion about the right to disconnect, gender equality, remote line management and common themes in employment tribunal claims here or search for TLT on your podcast app.