The new Government has pledged to give UK employees the ‘right to disconnect’ from work — following in the footsteps of Australia, Ireland and around 20 other countries trying to do something about the modern ‘always on’ culture of work and its impact.

Everyone wants clarity. Everyday digital habits have changed ways of working and ways of living without any explicit ‘rules’ for what’s acceptable and what’s not in terms of when employees should be expected to be responsive to messaging and calls. Consequently there’s been a growing concern that the digital regime isn’t healthy. The line has to be drawn somewhere, work responsibilities can’t be allowed to seep into home lives unchecked. Meanwhile, the government is thinking about productivity and how to tackle presenteeism.

Problems remain

But there are problems ahead with introducing ‘switch off’ legislation. Workplaces have moved on from the traditional 9 to 5. Organisations have been willing to be more flexible about working hours — including staff using their digital devices for non-work activities, the odd call home, for texting friends about an evening out, a spot of web surfing — and that’s been a trade off in return for more contact at home. Rigid rules about working hours will clash with that flexibility.

There are always going to be anomalies as all job roles involve the unexpected. What happens when there’s an unforeseen emergency, someone’s off sick, or there’s a new client who needs urgent attention? In other words, there are going to be occasions when breaking the rules is going to be necessary, and then it’s going to be a case of perceptions as to whether it’s appropriate or not. There’s the potential for tensions and conflict if certain levels of staff, teams or roles are given the ‘right’ to switch off and others aren’t.

More Employment Tribunals expected

There are already concerns that legislation will create another platform for Employment Tribunals — an agreement that can very obviously be breached — more complexity, and “thousands of pounds” in increased pay-outs. Rules within individual organisations around when and how people are allowed to make out-of-hours contact could become byzantine and confusing, the source of more grievances than the grey areas they tried to replace.

The biggest question though should be whether ‘switch off’ rights would, in itself, do anything to improve working lives?

Being contacted outside normal hours, at weekends, or even while on holiday, is often a signal of particular issues — issues that won’t be addressed by introducing new rules and rights, only shift the problems around. Like excessive workloads, which need to be addressed through looking at resourcing options. A lack of capability, training or ability to take on responsibilities among some staff. Or it might be a sign of disorganisation, poor management. Even a form of bullying and harassment as people try and impose themselves or cause disruption.

In other words, HR and management need to be thinking about what makes flexibility work for both sides, rather than just becoming more rigid. The answer is always a good culture, a positive and supportive workplace environment based around open conversations, constructive ways of dealing with grievances and disputes, and a basis of trust and understanding.

Paul O’Donnell, Managing Director.

Photo by Alexander Grigorian