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The right to disconnect is an increasingly important issue in modern employment relationships, addressed in different ways across Europe. In this podcast, members of the Innangard from Portugal, France and the UK compare how their respective jurisdictions regulate this right, from legal obligations to case law and workplace practices. In a society where constant availability is increasingly expected, understanding these different approaches is particularly relevant for employers operating across borders.

Panel: Gabrielle Lintott, CM Murray (UK) Laure Virlet, Weil & Associés (France), and Rosário Mexia Alves, Abreu Advogados (Portugal).

The panel compares the right to disconnect in Portugal, France and the UK. In Portugal, employers must refrain from contacting employees during rest periods, and unfavourable treatment for exercising this right is considered discrimination, although key concepts remain undefined and case law has yet to develop. In France, the right has existed since 2017, with breaches potentially giving rise to damages. Recent case law confirms that voluntary, unpressured replies outside working hours do not breach the right. The UK has no standalone statutory right, although working time and health and safety obligations apply. The panel also explores collective agreements, good practice guidance and the cultural change needed to make these rights effective in practice.