The ‘right to disconnect’ refers to the right not to engage in work-related activities outside an individual’s contracted hours. Many countries have adopted this right, and some have implemented it in their domestic laws. However, the UK isn’t one of those, and the new Labour government plans to do something about it.
Below, we explore the UK’s current stance, compare it with other countries, and examine what Labour proposes. But before you proceed, make sure to subscribe to our newsletter. The Employment Law Review publishes the latest updates from the sector, and subscribing is the only way to stay informed!
UK’s Absence of a Right to Disconnect
In the UK, the Working Time Regulations 1998 (WTR) set out protections that govern working hours, rest breaks, and holiday entitlements. For instance, unless employees voluntarily opt out, they generally mustn’t work more than an average of 48 hours weekly.
However, despite such protections supporting a work-life balance and protecting employee well-being, there’s currently no legally enshrined ‘right to disconnect’. At present, UK employment law doesn’t specifically prevent employers from contacting their workforce outside their contractual working hours. This varies from countries like Belgium and Ireland, who’ve already established a right to switch off.
The Right to Switch Off – An International Perspective
Since April 2023, employers in Belgium with a minimum of 20 employees must implement provisions concerning the right to disconnect. These should establish how the workforce can exercise their right, use communication devices appropriately and be trained on the risks of a poor work-life balance.
READ: Need for The Right to Disconnect Heightens as After Hours Work Notifications Increase
Elsewhere, Ireland has produced a Code of Conduct that outlines employer best practices concerning this right. Whilst the code isn’t legally binding, failure to adhere to it could influence tribunal outcomes or compensation in disputed claims. The Workplace Relations Commission introduced this code in April 2021, and it established three essential elements.
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First, employees have a right not to work routinely outside typical working hours. Secondly, those eligible also have a right not to be penalised for refusing to do the same. Finally, a duty has been created whereby another’s right to disconnect should be respected.
Labour’s Proposed Right to Disconnect to Reshape UK Employee Rights
With no current right to disconnect in the UK, Labour’s proposed changes represent a significant shift in our domestic employment law. The government’s plan suggests creating a Code of Practice comparable to ACAS’ disciplinary and grievance procedures codes.
It’s expected the code will place a responsibility on employers to agree with its workforce when they can be contacted outside their contractual hours. Although breaching the code will unlikely give rise to new employment tribunal claims, it could influence decisions and the compensation awarded in other claims, like unfair dismissal.
A Headache for Employers?
If Labour’s proposals come into effect, they could have several implications for employers. For starters, failing to abide by the Code of Practice could mean employers having to pay more in compensation as tribunals increase the awards. As such, to avoid this, employers would be required to implement policies that comply with codes.
However, creating a compliant business policy won’t be black and white, nor the same for every organisation. Companies must assess their business needs and ensure they can contact staff in emergencies without violating their right to switch off. Therefore, balancing flexibility with compliance is essential.
Disconnect Dilemma: Employee Awareness of Potential Changes
If Labour introduces a right to disconnect, employees should familiarise themselves with any new Code of Practice, understanding how it may apply to them. They should also learn about any subsequent policies their employer implements.
If an employee later believes their employer has breached said policy, they should record it for any potential future claims. As mentioned, it’s unlikely any code will allow for new claims relating solely to breaches of a right to switch off, but they could lend weight to claims like constructive dismissal.
READ: Occupational Health Under the Spotlight as Workplace Stress Linked to Increased Heart Risks
Yet, even with no current right to disconnect in the UK, employees must be aware that they still have protections under the WTR. They should keep track of their working hours and ensure they aren’t overworked without appropriate rest. If they are, their employer could be in breach, and they could be eligible to make a claim.
Only time will tell if Labour’s plans come to fruition, but that shouldn’t stop people from becoming familiar with the potential changes. Employers need to understand what obligations may be imposed on them, and employees should get to grips with their potential new rights.
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