The UK Labour Party’s ‘Right to Switch Off’ proposal was first introduced in King Charles’ speech in July 2024, and it will form part of the Employment Rights Bill.
The plan is to adopt a similar system to our European counterparts, which prevents working from home from turning into a 24/7 operation.
Alongside other initiatives, the Right to Switch Off aims to target and resolve poor working practices found across UK businesses.
What Is The Right To Switch Off?
Under the Right to Switch Off proposal, Employers will not be allowed to contact their Employees outside of their contracted work hours (unless under specified circumstances – more on this shortly). The types of contact include phone calls, emails and instant messages. Once the proposal is passed into Employment law, Employees will have the right to decline any correspondence from their Employer that is sent during their personal time.
Through its Employment Law bill, Labour says it aims to raise staff morale, engagement, productivity and retention, in order to see greater success for businesses and the economy. It believes that one essential key to this is that workers receive sufficient rest periods, and that those rest periods are respected.
Since the Covid-19 pandemic, remote and hybrid working has grown massively, leading to a rise in excessive requests from Employers outside of working hours, and unhealthy work practices amongst Employees who feel that they cannot say no. As such, the UK has also seen a rise in work-related stress, depression and burnout.
The new legal guidelines aim to help workers protect their boundaries and maintain a good work/life balance. They also state that a worker has a right not to be penalised for refusing to work outside of their normal working hours.
Once the Right to Switch Off becomes law in the UK, it will likely be added to the ACAS Code of Practice, to which Employers should comply.
Any evidence of substandard practices, such as negligence claims, unlawful working conditions, or health issues arising in relation to work, can result in serious consequences for the businesses concerned, such as tribunals, losses of Employees, and reputational damage.
Introducing The Right To Switch Off To Your Workplace
At the time of writing, the Right to Switch Off has not yet been passed into law, but that does not mean that Employers can rest on their laurels. There are steps every Employer can take to prepare for the new guidelines.
Create a Right To Switch Off Policy
Produce a policy that outlines what the term means, how it applies to the business, who it applies to, and the steps you plan to take to encourage this work practice at all levels.
When the guidelines become law, all appropriate work documents should be updated to reflect this, such as Contracts of Employment and Employment Handbooks.
Consider Emergency Scenarios
There will inevitably be specific times when an Employer finds it necessary to contact an Employee outside of working hours, as mentioned earlier. For example, to seek cover for a sickness absence. Employers should be careful not to turn this into a regular habit though.
One way to avoid regularly contacting Employees to cover sickness absence, is to set up a group communication method, such as a group email or a group instant message, where a single message can be sent to a number of Employees to ask for cover (assuming that there are a number who could cover), communicating further exclusively with whoever responds in the positive. It is still important that this type of communication is kept to a minimum. The rules you set for contacting Employees as a matter of emergency should be clearly covered within your Policy.
Consider Flexible Workers
An introduction of legal rules on the Right to Switch Off will likely have a side effect of leading to stricter working hours. This could prove challenging for flexible workers who rely on, well, flexibility in their working days. For example, workers with child care or elder care responsibilities, or second jobs.
Consider the flexible workers on your team and how they may individually be impacted by an introduction of stricter working hours and ascertain where reasonable adjustments could be made. Any changes will need to be included in their Contract of Employment.
Monitor
Many businesses already use a variety of software and systems to monitor Employee activity and ensure good working conditions. For example, many use systems for recording overtime and monitoring unused holidays. It would be excellent practice to use such technology to ensure that communication and correspondence takes place within contracted working hours, therefore maintaining good boundaries.
Many Employees balk at the idea of being monitored in any way at work, so it is important to emphasise to all Employees that the monitoring systems used are to ensure and protect their right to switch off (where this is the only reason for monitoring) – an acknowledgement and a mark of respect to their right to rest, and their right to enjoy a good work/life balance.
Conclusion
The UK Labour government has stated that its Employment Rights Bill aims to create healthier and better working conditions for UK workers, with a focus on better work/life balance and an elimination of stress, depression and burnout.
The Right to Switch Off will help to support this aim by helping both Employers and Employees set and respect boundaries between their professional and personal lives.
Would you like assistance in making preparations in advance of this new law? Please do not hesitate to give us a call.