Would the ‘right to disconnect’ rules work in the UK?

In fact, France was the first country to legislate in 2017, followed by Italy and Spain. However, it is fair to say that the pandemic has shed a greater focus on the option to legislate these rules when more of the workforce started working from home. 

The right to disconnect joins other rules such as anti-harassment and disability accommodation toward promoting a healthy, safe and inclusive workplace.

Reasons for the legislation around disconnecting include protection of workers’ personal time and prevention of excessive engagement in work, which may lead to burnout. 

In fact, Telus Health’s Mental Health Index found that younger employees were particularly affected by working from home directives, with 35 per cent of our respondents under 40 saying they were experiencing concerns around their mental health.

The focus on legislation could be a missed opportunity to redesign the way we work and build a culture of wellbeing and tangible supports. 

While isolation and loneliness are likely to be the main challenges associated with working from home, it is also the blurring of boundaries that can lead employees to working additional hours in place of a lunch break and commute.  

Additional reasons for a push around legislation is to help prevent costs and negative outcomes that will impact employers as well as employees.

For example, occupational health and safety legislation was at first seen as onerous, but compliance reduces accidents, productivity loss and actually improves the quality of work.

The right to disconnect legislation supports the sustainability of the workforce and is intended to have a positive impact on health-related leave, cost and turnover.

But would the right to disconnect legislation really work in the UK?

The Labour party has stated its plans to legislate a right to disconnect policy if they win the next general election, with their manifesto likely to include a focus around employees and the workplace. 

However, this does not address what employees do and how they feel between 9am and 5pm. In fact, the focus on legislation with rules such as the right to disconnect could be a missed opportunity to redesign the way we work and build a culture of wellbeing and tangible supports. 

Whether the legislation exists or not, it is wise to establish an agreement with employees about contact after hours.

It is a similar case as the four-day working week, which was trialled earlier this year in the UK.

While more and more companies are adapting to it with reasons including improved efficiency and employee retention, there are concerns around the impact squeezing five days of work into four can have on mental health and wellbeing. 

By reducing hours, this can effectively mean working harder and longer on the days you are logged in, giving employees less choice, which in turn can lead to added pressure to meet deadlines and increased burnout.

Choice is key. One of the main findings from the pandemic was the emphasis on autonomy and choice that employees want from their workplace.

We found that nearly one-third of employees actually prioritised wanting flexible work hours, and 28 per cent say flexibility in the location of work is the most important to them. 

A focus on flexible working hours can go a long way in helping groups such as working parents, who are tasked with balancing their work duties alongside their family responsibilities. 

For employees, whether the legislation exists in their region or not, it is wise to establish an agreement with employees about contact after hours.

Clear boundaries help prevent confusion and anxiety.

Will there only be contact when there is a time-sensitive emergency and is there explicit communication that says that receiving an email after hours does not mean that a response is expected after hours too?

Clear boundaries help prevent confusion and anxiety, as well as support the original objectives of the right to disconnect, all of which is in everyone’s best interest.

Also, any policies and initiatives that are implemented need to be implemented from the top-down. If employees see their managers replying outside of work hours regularly then they may feel an expectation to follow suit. 

Discussion around the right to disconnect labour laws reflect the growing awareness around employee wellbeing, which is a welcome adaptation in workplaces. 

However, employers and policymakers alike need to consider that a focus on culture while employees are at work is equally as important as time away from it.

Wellbeing does not hinge on a single action but continued efforts and ensuring wellbeing is written into the framework of every organisation. 

Paula Allen is global leader of research and total wellbeing and senior vice-president at Telus Health