How will the new Government implement its manifesto pledge to allow workers to disconnect?
With the increase in remote and hybrid working, and new technologies making workers more accessible, for many people the line between work and personal life has become increasingly blurred. Surveys show that over 60 % of workers with the ability to log in from home do so in the evening to check work communications. The merging of work and leisure can raise stress levels and contribute to burn-out, meaning employees underperform or are absent from work through sickness.
Long before COVID and the remote working revolution, countries such as France, Luxemburg and Portugal introduced laws designed to allow workers to disconnect from work outside of work hours. The new Labour Government therefore has a range of approaches to choose from which have been piloted by countries around the world.
Labour first raised the prospect of a "Right to Switch off" in its New Deal Green Paper launched by Angela Rayner in September 2021. It re-appeared in the "Plan to Make Work Pay" published in May 2024 which promised to deliver "the biggest upgrade to rights at work for a generation". It also stated there would be a full and comprehensive consultation with business, trade unions and civil society before implementation of any employment rights proposals. Since taking office, the Labour Government has confirmed that it intends to deliver the Plan to Make Work Pay in full and therefore employers should expect the opportunity to have their say prior to implementation.
The "Right to Switch off" boils down to giving workers the right to disconnect from work outside working hours and not to be contacted by their employer. The Government has pointed to the approaches taken recently in Ireland and Belgium as systems it may adopt, while emphasising it will be for employers to develop policies specific to their workplaces in consultation with their workforce. It is not clear whether the favoured approach will be to introduce a new law, to bring in a statutory Code of Practice (which may work like the ACAS Code of Practice on Disciplinary and Grievance Procedures and the more recent Code of Practice on Dismissal and Re-engagement, allowing for an uplift in tribunal awards if the code is not followed), to publish non-statutory guidance only, or some other approach.
In Ireland the government has introduced a Code of Practice which in itself is not law, but a breach of the Code can be used as evidence in tribunal proceedings. On the other hand, in Belgium the right to disconnect has been made law and applies to all employers with over 20 workers. The employers must have written agreements or rules in place on the right to disconnect.
What can we expect in the UK? The suggestion is that the Government may go for a hybrid approach with the Right to Switch Off introduced through a Code of Practice, but also with an obligation on employers to put in place workplace agreements setting out permitted contact hours. This would mean any breach of a relevant agreement would not lead to a stand-alone claim in the employment tribunal, but it may provide the worker with an uplift to compensation awarded for another claim.
Employers may consider putting in place such policies setting out the Right to Switch Off ahead of legislation or a new Code of Conduct as part of its wellbeing programme.
Of course, there will be some employers who abuse the easy access to workers facilitated by technology and a merging of work and private life on electrical devices, and in some cases they may display overbearing or bullying behaviour if they do not receive an adequate response.
There is also an argument that all employers should support workers who struggle to separate out work and personal life, who need to manage their time better and resist the urge to "check up" on work matters outside work hours. While recognising this issue amongst the workforce employers should consider drafting workplace policies to clarify expectations around contact hours and to support wellbeing of workers ahead of any further developments by the Government.
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