Page 9 - PA_Enterprise_February-March_2021

PA Enterprise

Several countries, including France and
Italy, have already adopted the right
to disconnect into their national laws,
and now the European Parliament is
calling for this to be passed into EU law.
Although the UK would no longer be
legally bound by this if it were passed, it
would have a persuasive element, so it
is unlikely this is a topic which is going
away any time soon.

Be aware of Working Time Regulations

In any case, in the absence of a specific
right to log off, there are still protections
in place for employees to protect them
from excessive working hours in the
form of Working Time Regulations, as
well as employers’ obligations under
health and safety laws.

As an employer, it is important to be
aware of the 48 hour maximum working
week, and also of an employee’s rights
to daily and weekly rest breaks.

A study commissioned by the European
Union in 2020 found that people
who work from home regularly are
twice as likely to work more than 48
hours a week. And with employees
increasingly unable to leave their work
at the front door, the extra pressure to
answer emails and messages that ping
through on evenings and weekends
can quickly rack up their working hours
above the legal limit. It is an employer’s failing in their duty of care, leading to personal
responsibility to take reasonable steps to ensure injury claims or even action from the Health and
this doesn’t happen. Safety Executive.

This links back to the employer’s legal duty For now, we will need to wait and see whether
of care to its employees, to help ensure their an enshrined right to log off will appear in
health and safety is protected. Mental wellbeing UK law, but, in the meantime, it is important
plays a significant part here, given that stress that employers are aware of their current
is a major cause of work-related illness in the responsibilities and liabilities to ensure they
UK. Employers who put pressure on employees avoid the pitfalls that can so easily be missed
to be contactable outside of working hours, or while their employees are working from home.
who promote a working culture where this is the
expected norm, may find themselves guilty of By Anna Nelson, peoplemanagement.co.uk

PA Enterprise is published by
February/March 2021 9