In today’s hyper-connected world, where many employees have email and instant messaging on their mobiles, the boundaries between work and personal life are becoming increasingly blurred. Digital communication tools have made it easier for employees to stay connected but have also led to employers having an increased expectation of constant availability. This is where the concept of “the right to disconnect” comes in – a policy gaining traction globally to protect the mental health and work-life balance of employees.

Under Labour’s new government, the “right to switch off”, means an employee’s right to disengage from work-related communications outside of core working hours. Employees who are unable to de-stress after work because of being constantly connected face the risk of workplace dissatisfaction, decreased productivity, or even burnout. This can lead to morale issues and reduce employee retention, ultimately hurting the organisation’s bottom line.

Several countries have already embraced the right to disconnect, setting a precedent that other countries are keen to follow. France was one of the pioneers, enacting “droit à la déconnexion” (right to disconnect) in 2017. Italy followed in the same year, incorporating the right to disconnect into its “smart working” laws. The next year Spain introduced similar legislation, further cementing the concept within the European Union. Beyond Europe, countries like Argentina, Australia, and the Philippines have also started to recognise the importance of the right to disconnect, implementing their own versions of this law.

One of Labour’s election promises was to implement the right to disconnect as a part of their broader employment reforms. Whilst this was omitted from the King’s Speech, it is still likely to be implemented at some point in the future and will require employers to establish clear guidelines for communication outside of working hours.

The introduction of the right to disconnect will have significant practical and legal implications for both employers and employees. For employers, this means reevaluating communication practices and possibly restructuring workflows to ensure that work is completed within designated working hours. It may also involve investing in training and tools that help manage workloads more efficiently, fostering a culture that respects personal time.

Any legislation or policy will likely allow exceptions, for example IT managers needing to deal with the very recent CrowdStrike disaster or reaching out to a site manager following a late-night break to contact the alarm company. How the government plans to tackle such exceptions is not yet clear.

Legally, employers will need to comply with new regulations that stipulate the right to disconnect. This could involve updating employment contracts and company policies to reflect the new standards, as well as ensuring that managers and supervisors adhere to these guidelines.

Ignoring the right to disconnect when it comes into force could be a costly mistake. In 2018 France’s Court de Cassation, its Supreme Court, found that the French wing of British pest control and hygiene giant Rentokil Initial had breached the right to disconnect by requiring the regional director to permanently have their mobile phone switched on. The court awarded a substantial €60,000 (£53,000) in damages.

The right to disconnect will mark a significant shift in the employment landscape, reflecting the evolving needs of the modern workforce. With Labour’s commitment to implementing this right, the UK is poised to join the ranks of countries prioritising employee well-being and work-life balance.