Travlaw partner Ami Naru looks at the government’s Plan B guidance, a ‘right to disconnect’ and paid grandparental leave
Last week, Boris Johnson implemented the Plan B Covid response, which included guidance that employees should, from Monday December 13, once again work from home where possible.
It is worth noting that this is guidance only and previous guidance from the government to work from home did not become a statutory requirement.
It has been reported that some employers are planning to take a more flexible approach to the government’s advice for employees to work from home where possible than they did earlier in the pandemic.
We have also heard in the travel industry that some employers are keeping offices open so that staff can come into work.
Some employers plan to approach the government’s new work from home guidance more flexibly to protect employees’ mental health.
Taking into account the psychological impact of prolonged working from home, employers such as PwC and Slaughter and May are advising employees that they can come into the office for mental health reasons.
That said, clearly the guidance should not be ignored. Rather, employers need to exercise their discretion sensibly when allowing staff to come into work and at the same time.
It may also be worth revisiting your workplace Covid risk assessment at this time.
‘Right to Disconnect’
A ‘right to disconnect’ has been introduced in other European countries such as France, Portugal and Ireland.
In August 2021, research by Autonomy found that the pandemic had caused a hidden epidemic of overtime and it proposed amendments to the Employment Rights Act 1996 to introduce a right to disconnect in the UK.
A ‘right to disconnect’ would seek to prevent employers from requiring employees to monitor or respond to any work-related communications, or carry out any work, outside of their working hours.
Workers subjected to a detriment for failing or refusing to work outside of their agreed working hours would have the right to bring a claim in the employment tribunal.
The Scottish government has committed to discussions on establishing the ‘right to disconnect’ for its employees and those in devolved agencies.
On December 9, 2021, the Scottish government committed to have meaningful discussions on whether the right to disconnect should be provided to government employees and those in devolved agencies and stated that it should be considered by all public sector employers.
The right to disconnect was also recently proposed in a House of Commons Briefing Paper on remote and hybrid working, so it is likely that the ‘right to disconnect’ will be high on the agenda next year, particularly as the working from home revolution continues
Paid grandparental leave
The UK working population is ageing, with more people working beyond state pension age. As such, more workers than ever will likely become grandparents whilst still working.
Foreseeing this, Saga, which specialises in insuring the over-50s, has announced that it will be the first UK employer to offer grandparent leave to its employees.
The company is to offer one week of paid grandparent leave to its employees.
A consultation on extending shared parental leave to grandparents promised in the March 2016 budget was not subsequently taken any further.
So while Saga introducing paid grandparental leave is not a legal requirement, it does show some foresight and anticipation of their working population, much in the same way as some employers have now introduced menopause at work policies.