Reserving the right to disconnect from work at home - Sarah Jackman

The right to disconnect is at the forefront of debate amongst employees and employersnote-0. The ‘right to disconnect’ means the right of an employee to fully switch off from work outside contractual working hours and when on annual leave.
By Sarah Jackman
Published 14th Aug 2023, 07:00 BST

In the wake of the pandemic, employees are increasingly re-evaluating their life priorities, and becoming more protective of non-working time. The rise of hybrid working blurred the lines between work and play, bringing the office directly into employees’ homes. As a result, it can be more difficult to switch off from work after contractual hours, and easy to stay online an extra hour, or check emails before bed, when the 'office' is only a few steps away. This lack of clear physical boundaries could lead to increased stress and burnout.

The pandemic also cast a sharper light for many on what is really important in their lives. Working from home allowed increased family time and flexibility when juggling domestic and work tasks. For many, this has reduced stress, allowing work and family life to intersect more easily.

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In turn, employees are becoming more transparent about responsibilities and interests outside work. Even the way we use automatic responses for 'out-of-office' emails is changing. Many employees, who once would have typed a standardised response, now include details of why they are away. The humble ’out-of-office’ is being used to break down the work/life barrier, allowing employees to share more about what they value outside work. This is contributing to a shift in traditional workplace culture, by showing internal and external stakeholders that employees are multidimensional – and allowed to have lives! One employee might speak about flexing hours to accommodate elderly dependent care, another might enthuse how lucky they are to have parental leave with their daughter. An automatic response referencing dancing at Glastonbury is my personal favourite.

​Sarah Jackman is Counsel, Dentons UK and Middle East LLP​Sarah Jackman is Counsel, Dentons UK and Middle East LLP
​Sarah Jackman is Counsel, Dentons UK and Middle East LLP

Some companies, such as Mercedes Benz, have taken this a step further and offer a ’mail on holiday’ deletion service, automatically deleting or redirecting emails while an employee is on holiday. There is no expectation employees will engage with emails while on leave and they avoid the dreaded exploding inbox on their return to work.

The evolving out-of-office response may reflect more seismic changes ahead. The Scottish Government introduced to its public sector pay policy a requirement for employers subject to the policy to have "meaningful discussions" on providing employees with a right to disconnect. The Labour Party is considering including a right to disconnect in its general election manifesto and a Private Member’s Bill on AI and workers’ rights is seeking to establish such a right.

These types of proposals would give employees the right not to engage with work correspondence outside contracted working hours and, crucially, protect employees from any detriment by their employers for exercising this right. Several countries, including France and Spain, have enshrined in law a right to disconnect. The concept is not without critics, however. Those working across time zones cast doubt on its feasibility; others say a better solution is affording everyone the right (where practicable) to work when it best suits them.

The debate is likely to continue, reflecting the changing dynamics of work and evolving priorities of employees. Whatever your view, by supporting employees to set appropriate boundaries to help them thrive at home and at work, society can take significant steps towards fostering a healthier, more sustainable work environment for all.

​Sarah Jackman is Counsel, Dentons UK and Middle East LLP