Simon Swaine
I am a Senior Associate in the firm's Employment team, based at the Manchester office.
I advise HR and management teams on a range of contentious and non-contentious matters, across a wide range of sectors. I have particular interest and experience in complex employment litigation, including discrimination and whistleblowing claims.
My non-contentious work includes providing commercial, strategic advice to on internal processes, such as grievance and disciplinary procedures, managing sickness absences, drafting and negotiating contracts of employment, settlement agreements, and reviewing internal policies.
Practice Area
Panel
- Contributing Author
1 Contributions by Simon Swaine
PRACTICE NOTES
Right to Disconnect in Great Britain and Northern Ireland: Current Law, Comparative Approaches, Anticipated Codes of Practice, and Employer Action Points
Right to ‘disconnect’
This Practice Note explores the concept of the right to ‘disconnect’ (or to ‘switch off’), which means workers are not required to carry out work-related activities beyond their normal contracted hours, nor to respond during those times. The nature and extent of any right to disconnect varies across jurisdictions and, although it could relate to any form of work task, it most commonly concerns staff receiving electronic communications (for example, emails and telephone calls) outside their usual working hours. In the last decade, the share of workers performing their duties flexibly and remotely has grown substantially, particularly after the Covid pandemic, which led many people to move to remote working for the first time. Although this flexibility has benefited many, the fading line between workplace and home has made it harder for individuals to properly ‘switch off’ from their work. The Acas guide on mental and physical health when working from home observes that staff can find it harder to disconnect from work and may end up working longer hours when at home. Even though some employers are now focused on employees spending time in the office, the expectation of easily picking up work while at home...
Employment
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