Lawyer Monthly - August 2021 Edition

18 WWW.LAWYER-MONTHLY.COM | AUG 2021 HOW WOULD A ‘RIGHT TO DISCONNECT’ CLAUSE IN THE EMPLOYMENT BILL WORK? Despite a perception that the whole country was working from home in the first lockdown, an Office for National Statistics survey published in July 2020 showed that, of the 46.4% of people in employment who were working from home in April 2020, 86% were doing so as a result of the pandemic. Although 34.4% worked fewer hours than usual, 30.3% were working more hours. There have been many anecdotal reports of employees being burned out and stressed. In some cases, this was due to an inability to set clear boundaries between working and homelife and the temptation to just ‘have a quick look’ at the inbox before going to bed. However, other causes have been as a result of managers and colleagues sending emails and expecting a response – or scheduling calls and Zoom meetings – out of hours and at weekends. In Europe, France introduced legislation allowing employees to disconnect outside the business’s core hours and not suffer a detriment (e.g. to pay rises or promotions) for doing so. Their code came into effect on 1 January 2017 and was intended to stop employers from encroaching on family. An annual negotiation between employer and employees takes place about where the boundaries lie. Italy followed in 2017 and Spain in 2018. However, German lawmakers have not followed the same path but instead tried to tackle the issue by reaching an agreement with the large employers and using technology to enforce it. This includes putting in place software which prevents certain categories of employee from accessing company emails on their smartphones between certain hours. In April this year, Ireland implemented a Right to Disconnect Code. Under this code, all employees whether home-working or office -based have the right to not routinely work outside normal working hours (appreciating that sometimes it might be necessary); not be subjected to a detriment for refusing to deal HowWould a ‘Right to Disconnect’ Clause in the Employment Bill Work? The calls for a Right to Disconnect clause to be included in the Employment Bill – due out later this year – remain louder than ever. Beverley Sunderland, Director Crossland Employment Solicitors 99 Park Drive, Milton Park, Abingdon, Oxon, OX14 4RY Tel: +44 (0)123 584 1506 Email: beverley@crosslandsolicitors.com www.crosslandsolicitors.com Beverley Sunderland Beverley Sunderland established Crossland in March 2008. Top-ranked in Chambers’ Guide and boasting Elite status in Legal 500, she draws on more than 30 years of experience in law and as a commercial director for a PLC. She is also an experienced advocate in both the Employment Tribunal and the Employment Appeal Tribunal, and has taken cases as far as the Court of Appeal when necessary. Crossland Employment Solicitors Crossland Employment Solicitors is a UK-based firm that specialises in employment law. Their team of experts advises businesses and individuals in all aspects of employment law, calling upon more than 85 years of combined experience to guide their clients. One of the positive aspects of a 15-month lockdown has been the fact that many employees have now successfully shown to their employers that they are able to work from home. The initial fears of employees binge-watching box sets of Game of Thrones in their pyjamas all day have proved to be unfounded.