Many countries, including France, Spain, Belgium, Italy, and Portugal, have already introduced laws granting employees the right to disconnect outside of their working hours. Australia is also following suit; however, in the UK, such legislation has yet to be implemented.

The Labour Party’s Green Paper proposed bringing this right to the UK as part of the anticipated Employment Rights Bill. Given that this change is likely on the horizon, this article explores what the potential legislation could mean for small and medium-sized enterprises (SMEs), highlighting both its advantages and drawbacks. 

What is the right to disconnect?

The right to disconnect gives employees the legal ability to “switch off” outside their working hours, ensuring they are not expected to remain constantly available or connected to work. This would formalise boundaries between work and personal life, helping employees maintain a healthier balance. 

But what would this mean for SMEs and their HR departments?

Potential impact on SMEs

Does the right to disconnect need to be legislated, or can a shift in workplace culture achieve the same result? Let’s explore both the benefits and challenges of introducing this law, with HR insights from Claire Watt, Managing Director of Ditton HR (FCIPD).

Right to disconnect: the positives

An Ipsos survey revealed that six out of ten people support the idea of a legal right to disconnect from work communications outside of business hours. Evidence suggests that setting clear boundaries between work and personal life increases productivity, as employees return to work more refreshed, along with the obvious benefits to mental health.

For SMEs feeling the strain of the current economic climate, such legislation might offer some relief, as Claire observes:

“Amongst my SME clients, I’ve seen an increase in the number of redundancies and the remaining employees being expected to take on more work to cover the lost roles. This then can have the knock-on effect of employees feeling they need to work out of hours and weekends to keep on top of the work. This then becomes the expected norm – and might be sustainable in the short-term, but in the long term can lead to burnout, sickness, and resignations.”

Similarly, the CIPD recommends that senior leadership should model healthy work habits, as policies alone are not sufficient to change workplace culture. “Policies are not enough by themselves; giving ‘permission’ to reduce expectations and not to check emails outside of normal working hours or when on leave” can set a clear standard. 

In businesses where overtime has become routine, a formal right to disconnect could be a welcomed change.

Right to disconnect: The downsides

Claire also notes that while the right to disconnect could benefit some SMEs, it may be limiting for others. She advocates for workplace flexibility and cultural change over legal enforcement.

“Although we all know we should have boundaries between work and home, it’s very hard for some people to keep these boundaries in place, and we need a shift in culture and attitudes to help us do this and this may be where legislation can help. However, I would prefer this shift to arise from a want to change the culture and by understanding the benefits of this change rather than it being enforced by law.”

What this means for HR policy

Regardless of legislation, HR policies must evolve with the changing workplace. The CIPD advises that working practices should be managed to minimise stress and promote wellbeing. Claire points out that even if the right to disconnect becomes law, some managers will still communicate with employees outside working hours.

“SMEs need to engage with employees when drawing up HR policies. Brainstorm what will and won’t work for your business, and tailor it to your team,” Claire suggests. Running workshops on breaks, core hours, and time zones could also help shape an effective policy. Furthermore, line managers will need guidance on implementing the right to disconnect and ensuring it meets employees’ needs.

Ultimately, policies should reflect the diverse circumstances of employees. Claire explains that “an employee with children might not appreciate a call at dinnertime, but for someone else, catching up at 6pm might be ideal.” Customising policies to fit individuals’ preferences is key to fostering a supportive work environment.

Setting digital boundaries to safeguard employees

Whether or not the right to disconnect becomes law, SMEs should prioritise their employees’ wellbeing by respecting work boundaries. Claire offers six practical tips for creating a culture that combats the ‘always on’ mentality.

1. Practice what you preach

Leaders are essential to shaping company culture. Those who model a healthy work-life balance set the tone for the entire organisation, demonstrating that it’s acceptable to switch off.

2. Monitor workloads

Managers should be aware of their team’s workloads and identify those at risk of burnout. Regularly checking in with staff about the support they need is vital to prevent overwhelm.

3. Maintain open communication

Ongoing communication is essential. Managers must avoid assigning extra projects to employees already under strain. Some SMEs use systems like scoring (out of 10) or traffic lights (green, amber, red) to assess workload stress levels during catch-ups.

4. Avoid meetings during breaks

Respecting working hours and break times is crucial. Scheduling meetings before or after work, or during lunch breaks, can intrude on rest periods. Plus, how productive is a meeting scheduled for 5-6pm after a full workday?

5. Offer guidance on disconnecting

Working from home has blurred the lines between professional and personal life. Providing guidelines or workshops on how to switch off can help employees establish clearer boundaries, improving their work-life balance.

6. Acknowledge exceptions

There may be times when employees need to be contacted outside working hours, such as during emergencies. Include these exceptions in company guidelines so employees understand when they might be required to respond.

Prioritising employee wellbeing

At its core, the right to disconnect is about valuing employees’ wellbeing. Whether this becomes law or not, SMEs can foster a healthier work culture by respecting boundaries between work and personal time. By putting employees first, businesses will likely see improved morale, productivity, and retention.

Looking after your team ultimately benefits your business – as Richard Branson famously said, “If you take care of your employees, they will take care of your business.”

Breathe is the wellbeing partner of Culture Pioneers – a campaign launched by HRZone and TrainingZone in 2020 to foster positive change in workplace culture. To receive further insights from Breathe on employee burnout and the unused holiday epidemic, explore Breathe’s latest report.