Member Article

In association with Macmillan Davies and led by Employment Partner, Emma Morgan and Associate, Lauren Bholé, this webinar focused on the “right to disconnect”.

From February 2022, Civil servants in Belgium now have a legal right to disconnect so that they can no longer be contacted by their employer outside of working hours. The “right to disconnect” is also gaining more and more traction in the UK, with several unions urging the business secretary to consider the right in the hotly awaited Employment Bill. Considered alongside a 4-day week trial, which is currently being piloted within the UK, Emma and Lauren explore the “right to disconnect” and how it fits into the future world of work.

Is 2022 the year that we must “learn to live with COVID-19”, and what does this mean for our workforces?

In 2021, we learnt to be more flexible and enabled workers to do their jobs in new ways. As a result of COVID-19, hybrid working is now a well-accepted business practice. Deskless workers now make up almost 70% of the global workforce.

This year the message is moving away from being in a pandemic and more to a world where we must “live with COVID-19”. But the changes to working practices such as home working that COVID-19 has brought about, don’t look set to disappear. BBC have commented that “pre-pandemic work structures are likely to become a relic”.

Whilst there are many benefits to home working, it has also blurred the boundaries between home and work life. As such, with home working set to continue and be firmly part of the future, we now need to consider how we combat the downsides of home working.

What do we mean by the phrase “the right to disconnect”?

Put simply “the right to disconnect” is the right of employees not to respond to any work-related correspondence outside of normal working hours. Other EU countries such as France and Portugal have already implemented such rights. The right is an overarching idea that recognises the impact of technology on the workforce.

It has gained real traction during the past two years because of many of us working from home, meaning the boundaries between home and work life has become even more blurred. Further, research indicates that there is a real need for employees to be provided with the “right to disconnect” with many becoming exceptionally “burnt out”.

According to a survey by Prospect, two thirds of remote workers want to see a new right to disconnect enshrined in law.

Would a right to disconnect work in practice and how would employers enforce it?

Many other countries have already introduced a right to disconnect (even pre-pandemic), so to see how it may work in practice, we can look to what other countries have done. Some countries have put a cap on the workday or workweek, others have limited communication after hours.

But a big issue with the above is that many countries strategies focus on a structured in office workday period which no longer reflects our current world. This is what Ireland have been trying to solve with its new COVID-19 conscious code.

Autonomy (a future of work think tank) have considered what a “right to disconnect” may look like in the UK.

In terms of enforcing a right to disconnect organisations may introduce physical barriers such as restricting an employee’s remote access or configuring email servers so that emails can only be sent during specified times. Other methods of enforcement require organisations to create a culture change, where a “right to disconnect” is respected by all, often requiring management to set the example.

What benefits would a “right to disconnect” bring and what are the risks/pitfalls?

There are many benefits of a “right to disconnect”, such as improved employee wellbeing and creating stronger boundaries between home and work life which the pandemic has broken down. In a world, where organisations are suffering from labour shortages, skill gaps and are doing everything they can to retain their staff. Introducing a “right to disconnect” may also help many organisations become an employer of choice.

A core pitfall of introducing a “right to disconnect”, is that most current European guidance around the right is on establishing ‘normal’ working hours but very few of us have worked a regular pattern of hours over the past year. The challenge with applying a right to disconnect is that employees are becoming accustomed to choosing different working hours every day. The “right to disconnect” if based on other European models, is likely to mean that this total flexibility will not be completely viable.

What steps should employers be taking?

Whilst a formal “right to disconnect” has not yet been introduced within the UK. A recent survey of UK business leaders by Owl Labs found that one in four employers are considering introducing right to disconnect policies to help staff keep their home and work lives separate, while a further 32% were preparing to develop new HR policies on disconnecting.

Alongside the “right to disconnect”, a four-day week is also gaining traction around the globe and within the UK, with a pilot currently underway.

Atom bank became the largest employer in the UK to introduce a four-day week in November 2021. All staff have been offered a reduction in working hours with no change in pay. Since introducing reduced working hours Atom bank have experienced a 500% increase in job applications.

Concluding remarks on predictions for 2022

The “age of the employee” is well and truly here. The right to request flexible working is set to become a day one right, hybrid working will continue and a “right to disconnect” and a four-day week are likely to become firmly placed on the agenda.

For further resources on the “right to disconnect”, please see Should the UK Government introduce the right to disconnect? (shoosmiths.co.uk). Further, for more information on the future world of work more generally, please see The future of work: HR hot topics 2022 - Recruitment and retention (shoosmiths.co.uk).