The "Right to Disconnect": What It Means for Your Small Business
What is the Right to Disconnect?
What is the Right to Disconnect?
Under the new laws, employees have the legal right to refuse to monitor, read, or respond to contact from their employer (or a third party, like a client) outside of their working hours, unless that refusal is "unreasonable."
What is "Unreasonable" Refusal?
The law recognizes that some after-hours contact is necessary. Whether a refusal is unreasonable depends on several factors:
The Reason for Contact: Is it a genuine emergency or a routine update?
The Employee’s Role: Does their seniority or pay level imply an expectation of being "on-call"?
Compensation: Are they being paid an on-call allowance or a salary that compensates for additional hours?
Personal Circumstances: Does the employee have caring responsibilities that make after-hours contact particularly disruptive?
Practical Steps to Stay Compliant
Review Employment Contracts: Check if your current contracts clearly define "reasonable additional hours" and whether compensation for after-hours contact is already built-in.
Set Clear Communication Boundaries: Encourage managers and business owners to use "Delay Delivery" on emails so they land in staff inboxes during business hours.
Update Your Internal Policies: Draft a simple "Communication Policy" that outlines when after-hours contact is expected (e.g., emergency site issues) and when it is not.
Talk to Your Clients: If your business is client-facing (like a trade or consultancy), manage their expectations regarding response times after 5:00 PM to protect your staff.
