Advo HR Consultant, Louise Herring, clarifies employees’ rights on disconnecting outside of working hours.

A right to disconnect is a concept that allows employees to disengage from work-related communications outside of normal working hours. This right means that employees can “switch off” and enjoy their free time away from work without being disturbed by work related electronics such as emails or othering messaging platforms.

With many employees finding it difficult to switch off and working out of hours, the right to disconnect is a system that works against this to promote a better work-life balance and reduce work related stress.

The increase of remote and flexible working has blurred the line between working and personal time  making it more difficult to switch off at the end of the working day. The purpose of the right to disconnect is to establish clear boundaries between work and personal life, giving employees the entitlement to switch off their communication devices and send automated emails when they are not available.

Employees who are not able to properly rest after a day’s work, and continue the stresses of work out of hours, can become burned out, less productive and dissatisfied in their role. This can lead to issues in retention and morale which can be very damaging for employers.

In the UK, the Working Time Regulations 1998 (WTR) set out protections that govern working hours, rest breaks, and holiday entitlements.

However, despite the WTR supporting a work-life balance there’s currently no legal ‘right to disconnect’.

Despite this, Advo recommend that employers keep track of their employees’ working hours and ensure they aren’t overworked without appropriate rest as they could face an employment tribunal should this be the case.

Advo are aware that quite often businesses don’t supply company phones and employees use their personal phones for work. This means that they can never switch off, be distracted by work on days off and on holiday and if there is a message that may affect them, this can easily hamper any period of rest and relaxation.

Additionally, WhatsApp is one of the most popular messaging apps around the globe and many organisations will take advantage of its convenience to communicate with their employees.  As with anything that has such popular appeal and use, there are many potential workplace pitfalls, mainly that is can deny an employee the right to disconnect.

The first and most obvious reason it isn’t recommended to use WhatsApp on a company phone is that it’s meant for personal use. However, as mentioned before, there can be work groups on personal phones.

One of the most common problems that can arise is the sharing of work content within a WhatsApp group that some could find offensive.  Inappropriate material could lead to claims of unlawful harassment and/or discrimination unless the employer acts quickly enough.  Other risks with the informal nature of WhatsApp communication is the sharing of confidential or personal information.  This can quite easily include sharing inadvertently sharing confidential information or sharing personal information.

Unlike email and internet usage, the employer cannot monitor what is said or shared within a WhatsApp workplace group, these accounts are private as they are usually set up on personal phones and messages can only be viewed by individuals who are part of the group.

There may be lots of workplace WhatsApp groups and the employer may have no idea they have them until of course, a particular problem arises.

As more organisations adopt the “right to disconnect practice” including prohibiting the use of WhatsApp for company communication, overall wellbeing of staff can be improved along with a higher level of sectary over business data.

Advo can support your organisation in the formulation of bespoke policies and procedures surrounding this and our team of experienced HR Consultant are always happy to support our clients.