Government Introducing ‘Right to Switch Off’ To Help Workers Regain Balance

Labour’s new “right to switch off” policy could reshape UK work culture and lead to significant compensation for employees contacted outside of working hours—here’s the full story.

Move to Home Office

During the pandemic, thousands of workers up and down the UK switched to home offices to protect their fellow citizens and ensure that social distancing and lockdown rules were followed, which is more than can be said for the Prime Minister at the time.

Work-Life Balance Blurred

Since the pandemic, many workers have stayed home or worked remotely a few days out of the week to improve their work-life balance. However, this switch has increasingly blurred the lines between “work” and “home.”

Labour’s New Deal

To combat this, the Labour government is introducing a series of measures as part of its “New Deal for Working People,” which includes banning exploitative zero-hour contracts, ending the practice of “fire and rehire,” and increasing the minimum wage to improve workers’ rights.

Right to Switch Off

One of the most intriguing of these new measures is the “right to switch off.” This would involve workers establishing with their bosses a timeframe within which they can be contacted for work-related issues.

Potential Compensation

Under the proposed legislation, which draws inspiration from similar initiatives in Belgium and Ireland, employees whose employers consistently contact them outside these previously agreed-upon regular working hours could be entitled to substantial compensation at employment tribunals.

Consistent Violations Punished

However, this doesn’t mean that one email in the evening will result in workers receiving eye-watering payouts. Instead, consistently breaking the rules regarding being contacted outside of working hours could become a factor in employees claiming against their employer.

Compensation May Increase

According to experts, depending on the severity of the violation, such breaches could result in compensation increasing by as much as 25%.

New Code of Practice

Ben Smith, a senior associate at the employment law firm GQ Littler, told the Independent, “I expect [the changes] will include a new code of practice from Acas, which will put the onus on employers to implement policies and practices.”

Employers’ Flexibility and Challenges

He added, “I expect, though, that this will be fairly broad guidance on principles and best practice, and would give employers the scope and flexibility to find the right balance for their business — but there will be tricky issues to think through.”

Small Business Concerns

However, Smith cautioned that navigating these new regulations could pose challenges for employers, notably smaller businesses that may lack the resources to implement comprehensive changes.

Customised Agreements Required

The Labour government has made it clear that the “right to switch off” policy will not be one-size-fits-all. Instead, the policy will require companies to engage with their employees to develop workplace-specific agreements.

International Models: Ireland

In Ireland, whose “right to disconnect” has been a model for the UK government to follow, a Code of Practice was introduced in 2021. It requires employers to establish clear guidelines on when employees can and cannot be contacted outside of normal working hours. Although not legally binding, this code can be used as evidence in employment disputes.

International Models: Belgium

Belgium, another country whose policies have been closely looked at by Ministers, has a considerably more stringent approach to switching off, with legislation mandating the right to disconnect for companies with more than 20 employees.

UK Policy Hopes

Many in government will hope that, by following these international examples, a similar policy can be introduced in the UK while still allowing for the flexibility that some jobs require.

Productivity and Economic Growth

There appear to be some sound arguments in favour of the right to switch off, aside from giving employees a better work-life balance. One key argument is its potential to boost productivity and economic growth.

Government’s Growth Mission

A government spokesperson said of the new policy, “The purpose behind this is ensuring that employees and businesses have the right arrangements in place to ensure that they can be productive. One of the central missions of the government is for growth and we know that productivity is vital to growth.”

Debate on Future of Work

While the details of the “right to switch off” policy are still being finalised, its introduction has already sparked significant debate over the future of work in the UK. Many view the policy as a significant step towards enhancing workers’ rights and improving work-life balance in the UK.

Uncertain Outcomes

However, after years in which employee rights seemed to take a back seat, it remains to be seen if this latest part of Labour’s “New Deal for Working People” will have the desired effect, either in improving work-life balance or in increasing the country’s dismal rates of productivity.

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Featured Image Credit: Shutterstock / IR Stone.