Employees have the Right to Switch Off

Right to Switch Off

Labour made a manifesto pledge to ‘bring in the ‘right to switch off’ ie right of employees to be able to disconnect from work outside of their normal working hours without facing negative consequences or being expected to respond to work-related communications.

The Times have reported that the government is now looking at this right and how it will operate in practice.  The article outlines that the government is considering an approach whereby a Code of Practice on the right to switch off is introduced.  The Times reports that the penalty could apply ‘if companies are shown to repeatedly breach agreements on out-of-hours working’.  However, it could also mean that the proposed code of practice will have a similar status to the Acas Code of Practice on Disciplinary and Grievance matters, whereby a failure by a company to follow this code can result in any compensation awarded by a tribunal being increased by up to 25%.  Employers need to review their policies and practices.

What are the key things for an employer to consider

  • Work-Life Balance: The pledge emphasises the importance of maintaining a healthy work-life balance. It aims to protect employees from the expectation of being constantly available for work, which can lead to stress, burnout, and other health issues.
  • Digital Disconnect: With the rise of remote working, especially post-pandemic, many employees have found it difficult to separate work from personal life. The manifesto supports the idea that employees should be able to disconnect from digital devices and work emails outside of working hours.
  • Employer Responsibilities: The manifesto suggests that employers should not only respect the right to disconnect but also actively promote and facilitate it. This could mean setting clear boundaries for work hours, avoiding sending emails or messages outside of those hours, and fostering a culture that respects personal time.
  • Mental Health and Well-being: The manifesto often highlights the link between being always ‘switched on’ and mental health issues. By supporting the right to switch off, it aims to reduce stress and improve overall employee well-being.
  • Economic and Social Impact: Ensuring employees have the right to switch off can lead to increased productivity, job satisfaction, and reduced turnover, ultimately benefiting both the economy and society as a whole.

The Challenges for employers

While the concept of the “right to switch off” is widely supported in theory, its implementation may be challenging, for example different industries and workplaces have different cultures around availability and response times.

Adapting to a one-size-fits-all approach can be difficult. For companies with employees across different time zones, it can be challenging to enforce a strict ‘right to switch off’ policy.

The “right to switch off” manifesto represents a growing movement towards better work-life balance and employee well-being in the digital age.

If you would like to discuss this topic in more detail and what it could mean for your business contact us on 01483 362732 or hello@guildford-hr.co.uk.

*Reference: The Right to Switch off Manifesto & Right to Switch Off article in the Times Newspaper 18th August 2024.