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Right to disconnect | Could the UK be next?
Written by Gerard O’Hare on 5 September 2024
In 2024, the boundaries between work and personal life are becoming increasingly blurred. The rise of remote work has made it all too common for employees to check emails or take calls outside of work hours, even while on leave.
For some, this offers reassurance that work is under control; for others, it feels like an unspoken expectation. However, not taking time to disconnect can lead to poor work-life balance, stress, and burnout – issues that ultimately harm employers as well.
Australia recently became the latest country to introduce “right to disconnect” laws, giving employees the freedom to ignore after-hours communications without fear of repercussions. This came after a 2023 survey revealed that Australians work an average of 281 hours of unpaid overtime annually.
With similar rules existing in more than 20 other countries, the new Labour government is now considering implementing legislation here in the UK.
Background: why do people want a right to disconnect?
The push for a right to disconnect in the UK reflects growing concerns about the impact of digital communication on work-life balance and mental health.
The rise of remote work and the increasing integration of digital technology, accelerated by the pandemic, have blurred the lines between work and personal life and created a culture where many employees feel compelled to be ‘always on’. It is now much easier for employers to contact employees at any time, intensifying the challenge of maintaining a healthy work-life balance and highlighting the urgent need for clear boundaries.
Trade unions, particularly the Trades Union Congress (TUC), have been at the forefront of advocating for stronger protections in this area. In 2021, the TUC called for a legal right to disconnect, emphasising that the pressure to remain available outside of working hours was contributing to stress, burnout, and declining mental health among workers.
Indeed, the World Health Organisation has recognised overwork as a major factor contributing to anxiety, depression, and other mental health issues. According to a survey by Nuffield Health, almost a third of Brits working from home (30%) find it difficult to separate their home lives from their work lives, with over a quarter (27%) reporting difficulties switching off at the end of the day or working week.
There is also a growing recognition that overwork can lead to decreased productivity and efficiency, increase the potential for errors, and contribute to absenteeism and presenteeism. As such, allowing workers to disconnect could be beneficial for both employees and employers.
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Labour's "right to switch off"
Labour says it will introduce a “right to switch off” which will ensure “working from home does not become homes turning into 24/7 offices”. This proposal forms part of a broader effort to enhance workers’ rights and modernise employment laws to reflect the changing nature of work.
This initiative draws inspiration from similar laws that have been successfully implemented abroad. France introduced a right to disconnect law in 2017, requiring companies with more than 50 employees to establish policies around out-of-hours work communications. Other countries, such as Spain, Italy, and Ireland, have also enacted regulations to protect employees’ work-life balance. These international examples have provided a framework for Labour to develop similar protections in the UK.
The main objective of Labour’s proposed “right to switch off” is to shield workers from the expectation of being constantly available outside of their contracted hours. This policy would allow employees to avoid responding to work-related communications – such as emails, phone calls, or text messages – after hours. It would provide legal assurance that employees can disconnect from work without facing negative consequences or being penalised by their employer.
It’s not yet clear whether this right will include a ban on employers contacting employees after hours except in emergencies, like in France, or whether it will grant employees the right not to respond unless their refusal is deemed unreasonable, like in Australia. Labour’s Employment Rights Green Paper suggests the former, but the exact details of the policy will become clearer as it is developed and implemented.
When could we see change?
While we don’t yet know how quickly this law could come into force, there is significant public support for measures that protect work-life balance. Indeed, a recent poll found that more than two-thirds of UK adults (69%) back the introduction of a right to disconnect.
This, coupled with the fact that more countries are adopting such policies, could put increased pressure on the government to act.
Labour has positioned itself as a strong advocate for workers’ rights in response to the changing work landscape post-pandemic, and introducing a right to disconnect would be a key way to showcase this commitment. However, with a broad range of priorities on its agenda, the timing and prioritisation of this policy will depend on how well it aligns with the government’s overall objectives.
What can employers do to prepare?
As discussions about the right to disconnect gain momentum, employers can get ahead of the curve by taking proactive steps to enhance work-life balance before formal policies are enacted. Here are six key actions employers can implement to support their employees:
Strengthen communication
Define and communicate clear work-life balance standards. Regularly update employees and ensure managers consistently reinforce expectations, such as not working beyond agreed hours and using their full annual leave.
Monitor and manage workloads
Keep workloads manageable by prioritising tasks and distributing work evenly. Address reluctance to take holidays or work beyond hours by reassessing task distribution and providing support, so employees feel confident taking time off without worrying about falling behind or facing negative repercussions.
Encourage time off
Promote the use of annual leave and avoid letting holidays accumulate. Remind employees that even if they don’t have specific plans, taking time off is crucial for mental and physical health. Carefully consider the impact on employee wellbeing before denying leave requests and try to accommodate requests whenever possible.
Lead by example
Managers should model work-life balance by refraining from contacting employees during evenings, weekends, and holidays. Avoid sending tasks or messages that could pressure employees to respond before the next workday. If necessary, use email scheduling to ensure communications are sent during work hours, reducing unnecessary stress.
Plan effective handovers
Ensure thorough handovers when employees take time off by clearly documenting ongoing tasks, deadlines, and any critical issues that need attention in their absence. This minimises the need to contact employees during their absence, allowing them to fully disconnect and return refreshed.
Provide support
Offer training and resources to help employees manage work-life balance effectively. This can include workshops on time management, stress reduction techniques, and the importance of setting boundaries. Plus, equip managers with tools and strategies to support their teams.
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