United Kingdom to Consider ‘Right to Disconnect’ Under the New Labour government

In today’s digital, post-pandemic world, where work and personal life often overlap, the United Kingdom, under the new Labour government, is taking steps to ensure that employees can disconnect after working hours.

Plans have been announced to introduce an initiative, inspired by countries like France, Belgium, and Ireland, to protect workers from being contacted post work hours.

International Models of the Right to Disconnect

In France, the right to disconnect has been in place since 2017. This requires companies with more than 50 employees to negotiate terms that allow workers to ignore work-related communications outside of their regular hours. The goal is to combat the "always-on" culture that has led to increased burnout and unpaid overtime.

Belgium has also implemented a right to disconnect, though it applies primarily to larger businesses with 20 or more employees. Like in France, the Belgian model requires employers to establish clear guidelines on when employees can be contacted, helping to protect personal time while still allowing flexibility in case of emergencies.

In Ireland, the Code of Practice provides guidance for employers and employees regarding the right to disconnect, including:

• The right of employees to not routinely work outside their normal hours.

• The right of employees to not be penalized for refusing to work outside of their normal hours.

• Both employers and employees to respect each others' right to disconnect by not contacting them outside of regular working hours.

What Would the Right to Disconnect Look Like in the UK?

The details of the UK's right to disconnect are still being finalized, however, the Labour government has outlined some key points. Notably, there won't be a "one-size-fits-all" approach. Instead, employers will be encouraged to work with their employees to develop policies that suit the specific needs of their workforce. This could involve setting clear expectations for when employees can be contacted outside of work hours and establishing protocols for using digital tools in a way that respects personal time.

The government is considering, if the proposed right to disconnect is breached (such as not being expected to respond to work-related communications outside of working hours), employees will not be able to take legal action based on this issue alone. However, if an employee brings another actionable claim that violates their rights, they can include their right to disconnect breach as part of the broader legal claim which can be considered an ‘aggravating factor.’ This right to disconnect is expected to be included in the Employment Bill, but no official timeline has been announced

Looking Ahead

The UK’s move towards a right to disconnect represents a major step forward in the ongoing effort to adapt labor laws to the realities of the digital age. By learning from other countries and tailoring the policy to fit the unique needs of the UK workforce, the new government hopes to create a work environment where employees can truly switch off and enjoy their personal time outside of the constant pressure of work-related demands.