In a bid to improve work-life balance, French companies with more than 50 employees are now required to guarantee workers the “right to disconnect” from technology when they leave the office at night. The law, which took effect recently, has vague enforcement provisions making it obligatory for qualifying firms to start negotiations with their workforces, about when to ignore their smartphones.

It is the French response on how to tackle the modern-day scourge of compulsive out-of-hours email checking. Overuse of digital devices has been blamed for everything from burnout to sleeplessness, as well as relationship problems, with many employees uncertain of when they can ‘power down’. Whilst the foreign press mocked this new law, it is defended by the French who are concerned that increasing use of technology has blurred the lines between work and personal life. A survey of French workers found, that more than a third of them use their devices to access email, or do some work every day. As reported in Le Monde, a recent study found than approximately 3.2 million French workers are at risk of “burning out,” defined as a combination of physical exhaustion and emotional anxiety. This law has few teeth and is about promoting a climate favourable to conversations with people working, about what their expectations are whilst maintaining a healthy workplace.

In the UK a survey of employers suggest that 21% expect staff to always be contactable out of working hours. Employers need to take into account demands from employees for both protection and flexibility.  We need to re-think what work-life balance really means. Some people want to work in the evening, but want to be able to switch off when they are picking up their kids and are cooking dinner. Some want to switch off on their daily commute, whilst others wish to get/keep ahead. What is clear is that the workplace is changing as rapidly as technology, with employees increasingly working remotely, or with colleagues/clients in other time zones.

Peter Stanway, our BackupHR™ legal expert comments:

Many of us fail to achieve work life balance. Now even this concept is being challenged by the idea of work-life integration, which recognises that younger generations are often happy to blend work with home life thanks to technology, providing it is accompanied by mutual give and take.

Whether people are working flexibly or not, it is important to manage those boundaries between work and home, and being able to say ‘actually I am not working now’. People have criticised the French law, stating that the consequences of responding to emails out-of-hours have been largely exaggerated, as the amount of work individuals have to catch up on once they return to work, results in building up more stress.

The fundamental questions to ask is; do after-hour email restrictions hurt or help well-being and productivity?

For many businesses banning workers from accessing their inboxes, or communicating on work issues out-of-hours is simply not realistic. However, employers can introduce procedures that encourage employees to take proper breaks, and, making it clear that when sending emails, people need to have a sensible and reasonable expectation as to whether people choose to respond to emails sent out-of-hours.

Even though legislation is unlikely to be introduced in the UK, employers should not ignore the issues that can arise from excessive use of digital devices and should:

  • Promote a healthy debate about what is acceptable use.
  • Encourage employees to adopt a healthy lifestyle and work-life balance.
  • Develop policies which are realistic and fair.
  • Train Managers in applying that policy sensitively and leading by example.

The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.