Lawyer Monthly - August 2021 Edition

20 WWW.LAWYER-MONTHLY.COM | AUG 2021 HOW WOULD A ‘RIGHT TO DISCONNECT’ CLAUSE IN THE EMPLOYMENT BILL WORK? at midnight has your first thought been “someone is having a breakdown”? Far from impressing the recipient, generally the view is completely the opposite, but immature managers (sometimes at very senior level) lack this self-awareness and it is all about education. Employers could go further and disable the email systembetween certain hours, but this is likely to increase stress levels rather than decrease them. After all, those distracted during the day when their children or pets are unwell may want to catch up on work out of hours – this is a personal choice, so long as they are not expecting input from others at that time. A simple monitoring of emails passing out of hours will soon highlight those who are not abiding by the rules. Although they may switch to WhatsApp or texts from their personal mobiles to avoid detection, having in place an anonymous reporting process will soon unearth them and the policy should spell out the sanctions. There is also the tricky problem of dealing in a different time zone. Businesses will be reluctant to refuse to deal with those in the USA other than on their terms, because their competitors will. But many firms employ staff specifically to work the hours that suit their international clients and allow them time off during the day – employers need to start being creative. Whether a Right to Disconnect clause will be included in the Employment Bill, expected this year, is yet to be seen. But clause or no clause, educating leaders on healthy working practices that create a positive workplace culture and a safe place to work should be a given. A positive culture that is inspired from the top rather than just by legal policy will nurture a more productive workforce – one that is happier, more motivated and much more energised. Clause or no clause, educating leaders on healthy working practices that create a positive workplace culture and a safe place to work should be a given.