Know Your Employment Rights—From ‘Switching Off’ to Working From Home
July 4, 2024

Many of us have likely felt the pressure to be “always on” at work because we can access and respond to emails from anywhere at any time, which makes it challenging to turn off.

Since Covid, when working from home this has grown much more acute.

However, being aware of your rights as an employee can be crucial if your company is not respecting your work-life balance.

“With new technology and increased remote working, the division between work and home is becoming increasingly blurred, with many employees feeling compelled to make themselves available to respond to work issues outside of normal working hours,” stated Simon Bellm, a partner in the employment team at law firm DMH Stallard.

In an announcement of its employment law reforms, Labour promised to abolish the “long-hours culture” in Britain by granting employees a new “right to disconnect” from work beyond their contracted hours and granting them more access to flexible working hours.

Telegraph Money outlines the present rights at work, albeit it remains to be seen whether these policies get implemented, not least pending the outcome of a General Election.

Flexible working 

There is already a legal right in the UK to ask for flexible work arrangements. This was put into effect in 2014.

“In general, an employee who has been employed for at least 26 weeks – and who hasn’t requested the right to work flexibly in the preceding 12 months – has the right to request flexible working,” stated Chris Perkins, a partner at PwC with expertise in employment law.

For instance, the request can be to reduce the number of working days from five to four, modify the hours worked (e.g., start or end later), request to work from home or compress the number of hours worked. 

Employers are not compelled to grant requests, but they must consider them and handle them fairly. In the end, it is up to individual companies to balance the advantages against any negative effects on business.

The 26-week qualifying period is scheduled to be eliminated from the statute on April 6 of this year, making it a “day-one” right.

Know Your Employment Rights—From ‘Switching Off’ to Working From Home

“This means an employee will be able to request flexible working on their first day of employment,” Mr. Perkins continued.

Beginning in April, employers will only need to accept requests for a maximum of two months—a reduction from the current three months. Additionally, workers will be allowed to submit up to two requests in a calendar year.

According to Natalie Ellis, managing director of HR consulting firm Rebox HR, “If an employer declines the request, they must have a valid justification for doing so, and they must give specifics. This could include, among other things, the weight of added expenses, the inability to assign tasks to the current staff, or the fact that it will negatively affect the organisation.

Plans from Labour go well beyond this.

According to Mr. Bellm, the main adjustment that Labour suggests is making companies obligated to grant requests for flexible work schedules to the extent that it is reasonable. Employees will find it much simpler to request adjustments as a result of this improvement. 

The introduction of such plans is uncertain, thus employers are being pushed to contribute in some way.

Having worked in corporate HR for 25 years, Joanna Booty currently has her own company, Bergamot HR.

“I would encourage employers to embrace flexible working not just because it’s required by law, but also because it can bring benefits to a business, like attracting and retaining talent,” the speaker stated.

The right to switch off

There isn’t now a clear legal “right to disconnect” in Britain.

Partner Jane Crosby of the legal firm Hart Brown stated: “Employers are not provided with clear guidance on this matter.” The first place to go is with your employment contract, which specifies your work hours.

“However, it is uncommon to come across a clause that clearly forbids an employer from getting in touch with a worker after their scheduled work hours.”

Mr. Perkins has the same opinion as this. “It is uncommon to see any ‘right to disconnect’ rights written into contracts,” he stated. Nevertheless, a growing number of companies are encouraging disengagement through wellness programs and non-contractual rules and procedures, including email systems that prevent messages from being sent after a specific time.

Know Your Employment Rights—From ‘Switching Off’ to Working From Home

Another illustration would be email “footer” messages that dissuade recipients from responding to emails sent beyond their regular business hours. You may also utilise auto answers to inform senders that you have received their emails and will reply at your earliest available time.

HR director Katie Elliott stated: “At the moment, there isn’t a specific rule prohibiting businesses from getting in touch with workers after hours. Nonetheless, the expectation that workers be “always on” is a contentious topic in HR right now since it raises concerns about burnout and stress at work.

Career mentor Laurie Macpherson concurs that this is a murky topic and notes that people frequently follow their managers’ lead. 

“Most contracts don’t address this; instead, they refer to employees performing additional responsibilities as required,” which is a convenient way to cover a lot of ground. Teams should define their guidelines and limitations and talk about what works best for them. This is particularly true in teams where members have diverse work styles.

Labour’s proposed overhaul of employment laws remains a possibility for the time being.

“Even if it does become reality, it will take time to enshrine it in law,” stated Ms. Booty. However, this does not imply that employers ought to overlook this matter. They must be aware of all applicable laws, particularly those concerning working hours, stress from long hours, and worker health and safety.

(Tashia Bernardus)

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