With the increased use of mobile devices in the workplace, the digital age has blurred the lines between work and personal life, leading to stress, burnout and a negative impact on some employee’s health and wellbeing. And to address the issue, the concept of a ‘Right to Disconnect’ law is gaining traction worldwide.
The Right to Disconnect refers to the legal right of employees to switch off from work-related activities outside of their contracted hours. This includes not checking work emails or responding to queries. Ultimately, this policy would ensure that employees are not penalised for ignoring messages outside of their designated working hours.
The Stormont Executive recognises the importance of maintaining a healthy work-life balance, especially in the context of flexible working arrangements, with the Good Jobs Employment Rights Bill including a proposal for a new right to disconnect.
Countries like France, Belgium and Australia have implemented statutory rights to disconnect after working hours, yielding positive results.
In Ireland, the Right to Disconnect has been established through a voluntary code of practice supported by the Workplace Relations Commission. In the UK, the concept is gaining momentum with the Labour Government considering the introduction of a “right to switch off” through a code of practice, similar to the Irish and Belgian models.
Numerous benefits arise from enjoying a statutory right to disconnect from work such as enhancing an individual’s work-life balance.
Reducing stress and burnout from work is likely to improve mental health and overall well-being, allowing employees to engage in post-work leisure and fitness activities without added stress. Further, by establishing clear boundaries between work and personal time, this can lead to increased productivity and a boost to morale in the workplace.
However, implementing a Right to Disconnect also presents challenges. Determining what constitutes “unreasonable” contact can be difficult, as it may vary depending on the industry and job role. There may be situations where out-of-hours contact is necessary, such as in emergency services or on-call jobs as well as transnational contracts which often involve working across different time zones and handling work-related matters outside of contracted working hours.
To effectively implement the Right to Disconnect in Northern Ireland, it would be essential to develop a clear and comprehensive policy defining “unreasonable” contact and outline procedures for handling complaints. Providing training to employees and managers on any new legislation or codes of practice and their implications would also be crucial to ensure the right is implemented smoothly.
The Right to Disconnect reframes the idea that employees are expected and encouraged to separate their working lives from their personal. Modern working practices can serve to benefit both employees and employers. However, it is important that this balance is both attainable and sustainable.
As technology continues to evolve, it is increasingly important for employers to recognise the need for employees to have time away from work-related communications. By implementing the right to disconnect in Northern Ireland, it will likely enhance a positive employee-friendly working environment.
- Seamus McGranaghan is director at O’Reilly Stewart Solicitors
