Should it be illegal to work outside of your normal hours?

Due to the growth in hybrid and home working, the lines between work and home-time have blurred even more. So, should it be illegal to work out of hours?

CREDIT: This is an edited version of an article that originally appeared on Management Today

During the industrial revolution, where 14-hour shifts in a factory wouldn’t raise an eyebrow, Robert Owen campaigned for the nine-to-five workday. His famous slogan was “Eight hours labour. Eight hours recreation. Eight hours rest.”

Until the coronavirus pandemic swept the globe, forcing most offices to shut, and staff to work from home, the eight-hour work day was still very much the norm. During COVID, without a commute, it became all too easy to roll straight out of bed and log onto your email and then carry on working until late without fear of missing the train. 

Although many offices have since re-opened, the adoption of hybrid working and increased flexibility in where and when employees work, has broken the traditional eight-eight-eight working model. As a result, in order to improve work-life balance, the Portuguese government has banned bosses from contacting staff after hours. The new rules include fining businesses with more than 10 employees if they violate their employees’ ‘right to rest’. France, Italy and Spain also have similar legislation that gives workers the right not to respond to work-related communications after their core hours without being penalised. 

However, on reflection, Management Today worries that a ‘one-size-fits-all’ solution could erase the efforts made, post-pandemic, to work more fluidly. We asked business leaders what they think about the ‘right to rest’ – and whether Britain should implement a similar law.

Chloe Lewis, UKI client director, Alright Solutions

Implementing a ‘right to rest’ feels like using a sledgehammer to crack a nut. Philosophically, it’s a great idea but, in practice, it just doesn’t make sense. What if it’s a work emergency? Or simply something that might be forgotten if waited on? It’s not always demanding a response there and then – if that were the case, leadership should be the ones managing these issues and educating about boundaries. People know that harassing team members after hours isn’t okay, but to take it as far as introducing new laws is putting us at a loss already. 

It’s been said time and time again; hybrid work is here to stay. Yes, we all need time away from desks and laptop screens to recharge but dealing with the issue properly starts and ends with creating the right culture in teams. It won’t be easy, but those in leadership must be held accountable and not rely on government mandates to make the first step to change.

Anant Sharma, CEO, Matter of Form

The news about Portugal seems to be contradictory. Surely if we want people to be ‘free’, reinforcing the shackles of a nine-to-five and forcing communication to happen between these times is actually a self-imposed prison. It’s a ridiculous law, and it’s not necessary for it to come to the UK.

Instead, holidays need to be taken seriously. Taking time off means an opportunity to refresh and relax, and so it’s vital to disconnect from email, delete Slack from your ‘phone, don’t engage with work matters or unnecessary back and forth. We need to enforce a culture of not responding on holiday as a blanket rule for everyone; with good handovers, notice and support  there should be no reason to take meetings or calls while away. It only takes one ‘hero’ to ruin it for everyone. Let’s celebrate good leadership attributes, not enforce a nanny state.

Michelle Minnikin, organisational psychologist and coach

Absolutely. Over the past couple of years, the lines between home and work have increasingly blurred. This ‘always on’ culture, and the uncertainty we’ve been experiencing since early 2020, have impacted both wellbeing and productivity. The result is that we’re in the middle of a burnout pandemic.

Having sufficient rest (and play) is a vital part of keeping people well and productive ;without it, we don’t have the mental health and resilience to deal with normal, everyday, work and life. We shouldn’t feel obliged to check our ‘phones for emails, or have to worry about getting a call on a Sunday. Good, caring leaders will not call employees after hours, or expect immediate responses to emails unless it’s a genuine emergency. It’s a boundary that should be in place. For those who feel that they ‘own’ their employees, legislation will nip that in the bud.

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