The UK government is exploring how to implement the new right to disconnect in practice. This follows moves by countries including France, Spain and Australia where similar policies have already been introduced.
This proposed right is unlikely to become law in the statutory sense, but rather a code of practice that employers of a certain size would be expected to follow. Similar to the way Advisory, Conciliation and Arbitration Service (Acas) code guides disciplinary and grievance procedures, the proposed code would influence tribunal outcomes. For instance, while breaching the code may not be grounds for a claim on its own, it could make it more likely that a claim would succeed and lead to increased compensation, likely by up to 25%, or five-figure sums.
The specifics of how this right will work in practice are still under discussion, but the government’s approach suggests employers will be encouraged to draw up tailored policies, recognising differences between how different sectors and roles operate. For example, senior executives might have different expectations to entry-level staff and the demands of some industries may necessitate more out-of-hours contact than others. Policies are likely to include limits on employees being penalised for not responding to out-of-hours communications.
It is less likely that employers would be prevented from sending out information with no expectation of a response, such as routine HR communications. This is in line with the shift towards flexible working hours, evidenced by email sign-offs along the lines of: ‘I am sending this email in the hours that suit me, please respond in the hours that suit you’. A similar trend has been using scheduling tools to time delivery of emails so they are sent within normal business hours.
The right to disconnect is also likely to draw attention to excessive workloads in some industries and tribunal claims linked to work-related stress, potentially starting a broader conversation about employee wellbeing and modern employment conditions.
While the code may not revolutionise workplace practices overnight, it signals growing recognition of the need for balance in the digital work environment. As the details of the code are hammered out, employers should begin considering how they might adapt their policies and practices to incorporate its principles.
Elouisa Crichton is an employment partner at Dentons
