Should you expect employees to be available out of hours?
Life is unpredictable.
Any experience in the world of business will tell you that’s true of work too.
As the owner or manager of a small business, you never know what’s next.
And sometimes, despite the best preparations, you’re caught off-guard.
When that happens, you may need to call on employees unexpectedly.
We’ve previously looked at how to communicate with employees outside of work.
Of course, employees are in demand and hold their bosses to high standards.
So calling them every time you need a hand with something is unlikely to go down well.
In fact, in some countries, it’s against employer codes of conduct or even laws.
What is the right to disconnect?
Many countries have implemented “the right to disconnect” for employees. France and Ireland are among the countries which have implemented this in some form, and Australia was the latest to enshrine this right in law.
In simple terms, the right to disconnect allows employees to switch off from work, ignoring out of hours communication without fear of negative consequences.
Specifically, most legislation bars employers from punishing employees that refuse to be available for work-related communication.
However, many countries do have frameworks in place that allow for reasonable compromises to be sought by both parties.
For instance, in Australia, the Fair Work Commission oversees cases that can’t be settled internally, and can order employees to respond where they consider it reasonable to be expected.
It considers the employee’s responsibilities and personal situation, as well as the method through which contact is made and the potential disruption this might cause.
Is the right to disconnect widely adopted?
Since the pandemic, work/life balance has been a far more prevalent issue for employers and employees alike. That means initiatives like the right to disconnect are only likely to become more popular.
Over 20 countries have adopted the right to disconnect in some form, and it’s likely we’ll see more in the future. Kenya could soon become the first African country to adopt such a policy.
Specific implementation of the right varies quite significantly between countries, and as such, businesses should be aware of the situation in their own countries.
Non-compliance often comes with hefty financial fines, so it pays to be on the right side of the law.
It is worth noting however that the right to disconnect is typically applied only to businesses of a certain size, with having at least 15 or 20 employees often the threshold value.
Smaller businesses than this may struggle to have enough flexibility without being able to call on staff members as needed.
What about the UK?
The UK doesn’t currently honour the right to disconnect in any legal capacity. That said, many employers are looking for ways to retain staff, and keeping a good work/life balance is among the key benefits that companies can offer.
There has also been talk that the new Labour government elected in 2024’s general election may look to introduce the right to disconnect.
This may be as part of a new code of practice for employers and will likely take some time to be fully researched, drafted, and implemented.
But savvy employers can get ahead of the curve and offer their employees an attractive perk while preparing for what may well be a legal requirement in the future.