In today’s hyper-connected world, the line between work and personal life often blurs. This phenomenon has led to the emergence of the “right to disconnect”, a legal concept that allows employees to disengage from work-related communications outside of their regular working hours. The idea is to promote work-life balance and safeguard mental health by ensuring that employees are not expected to be available at all times.
Countries with the Right to Disconnect
Several countries have implemented laws or regulations supporting the right to disconnect. There are now over twenty countries with a right to disconnect rule, mostly in Europe and Latin America. Some notable examples are:
1. France: One of the pioneers of the right to disconnect, France introduced a law in 2017 that requires companies with over 50 employees to establish guidelines that facilitate employees’ right to disconnect outside working hours.
2. Spain: In 2021, Spain passed a law that formally established the right to disconnect, obliging employers to respect workers’ off-hours and to implement measures ensuring that employees are not disturbed outside their working time.
3. Italy: Businesses in Italy are encouraged to implement policies that support the right to disconnect, particularly for remote workers. Although not a formal law, it is supported by collective bargaining agreements.
4. Belgium: Belgium has introduced measures as part of work-life balance legislation that promotes the right to disconnect, calling for a clear demarcation between work and personal time.
5. Ireland: In 2021, new guidelines were issued in Ireland recommending that employees have the right to disconnect outside regular working hours. While not strictly enforced in law, it encourages employers to develop policies to respect this right.
6.Most recently Australia adopted rules that employers and employees should try to resolve disputes among themselves. If that is unsuccessful in finding a resolution Australia’s Fair Work Commission (FWC) can step in. The FWC can then order the employer to stop contacting the employee after hours. If it finds an employee’s refusal to respond is unreasonable it can order them to reply.
Does It Apply to England and Wales?
As of now, there is no formal legal framework for the right to disconnect in England and Wales. However, the topic has gained attention, especially in the wake of increasing remote work practices due to the COVID-19 pandemic. Various organisations and Trades Union groups continue to advocate for reforms that would afford employees similar protections.
While some employers in the UK may have informal policies regarding after-hours communication, these are not mandated by law. The discussion around work-life balance and the mental health of employees is ongoing, and there may be potential for future legislation or guidelines to emerge.
Conclusion
The right to disconnect is a growing movement aimed at protecting employees from the pressures of constant availability. While some countries have made significant strides in establishing this right, England and Wales currently have no legal provisions in place. As awareness of work-life balance issues continues to grow, it’s worth keeping an eye on developments that may shape the future of work in the UK.
This blog was prepared by Alexander JLO’s senior partner Peter Johnson on the 25th August 2024 and is correct at the time of publication. Peter has over 40 years’ experience in the areas of Family Law, Company & Commercial, IT & Intellectual Property, Employment Law and Litigation working as a Solicitor.
Peter’s profile on the independent Review Solicitor website can be viewed here.