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Epidemic of Hidden Overtime Leads to Calls for the Legal Right to Disconnect from Work

on Friday, 27 August 2021.

A recent report from Autonomy Thinktank has highlighted the "epidemic of hidden overtime" the COVID-19 pandemic has caused and the need for new 'right to disconnect' laws in the UK.

The Right to Disconnect report highlights the growing problem of unpaid labour time in the UK and the increasing expectation to be 'always on' in our digitally connected world, finding that the Covid-19 pandemic has greatly exacerbated this issue due to an unprecedented number of people working from home. It has found that the enormous rise in overtime has led to the additional burden of poor physical and mental health, including workers feeling more anxious, less engaged and exhausted, with women being at greater risk of negative health impacts due to their additional responsibilities for childcare, housework and care for elderly family members. The report stresses that if workers have a chance to mentally 'switch off' from their work, they are generally more productive, engaged and convivial with colleagues.

Potential Legal Implications

Going forward, the report calls for the legal protection for workers to have the 'right to disconnect'. Whilst this right would mean different things to different workers, business and sectors, this right should allow workers to maintain a healthy boundary from work-based technologies during leisure hours. The report states that, in principle, such a right could be introduced quickly by amending the Employment Rights Act 1996, with the proposed wording set out in the report's appendix, to create the new right and to enable workers subjected to a detriment for failing or refusing the work outside of their agreed working hours to bring a claim in the employment tribunal.

Under the proposals, an exemption would be given for industries where it would not be feasible for an employer to comply with the new requirements, or where an employer has taken all reasonable steps to minimise any requirement that their workers should be 'switched on' outside of the agreed working hours. The report highlights however that the proposed requirements would only be effectively implemented with a strong trade union movement or an effective system of governmental labour inspection, monitoring and enforcement which is currently not in place in the UK.

What Does This Mean for Employers?

Whether or not 'the right to disconnect' becomes a new legal requirement in the UK, employers should take note of the report's findings relating to the physical and emotional strain workers have been under since the beginning of the COVID-19 pandemic.

Employers have a duty of care to employees, which means they must do all they reasonably can to support employees' health, safety and wellbeing. This includes ensuring a safe working environment, protecting staff from discrimination and carrying out risk assessments. This can also be achieved by regularly communicating with employees regarding their situations and how they are doing, offering workplace counselling, introducing mental health 'champions' in the workplace and implementing a stress and mental wellbeing at work policy to create a working environment which supports mental wellbeing. Reasonable adjustments must also be made for employees with a disability, which include mental health conditions if they have a substantial and long-term adverse effect on an employee's ability to carry out normal day-to-day activities.


If you would like further information or specialist advice in relation to the 'right to disconnect' or wellbeing-related issues at work, please contact Zahra Gulamhusein in our Employment Law team on 01923 919 300, or please complete the form below.

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