Way back in July 2024 the Labour Government committed to implement various Employment Law changes by the end of 2026. This is one of the most contentious that has got everyone talking.
This bill is set to ensure that employees have the right to disconnect from work related communications such as emails and phone calls outside of their regular working hours without facing any negative consequences.
The aim is to create a policy that not only protects employees but nurtures a more committed and ultimately productive workforce. We’ve captured the highlights for you
What is the ‘right to switch off’ bill?
Theres no doubt that flexible working has been beneficial for businesses, but this shift in working styles seen post pandemic has also blurred the lines between work and home life for employees. In some cases this has led to increased stress, longer working hours, and difficulties when disengaging from work.
The Government’s pledge here is aiming to balance the needs of employees by allowing them to create clear distinctions between work and home life. Whilst the policy provides protections for employees, it also aims to provide positives for employers too.
What does this mean for employers?
An employer, will have to comply with the new ‘right to switch off’ legislation when it arrives, both from a legal standpoint and of course for the well-being of employees. You’ll need to consider carefully how and when you contact your employees outside of set working times. You’ll also need to consider the ‘unwritten rules’ your business may have any any pressures employees might feel when contacted
What are the implications of breaching the right to switch off?
Under the new policy, if you regularly contact an employee outside of their contracted hours, they may have the right to take a claim to an employment tribunal. This could result in the employee being awarded compensation for working overtime. They can use an infringement to the right to switch off bill to support their claim
How will the ‘Right to Switch Off’ be implemented?
Whilst it’s still in the design stages with the UK Government we can share that several other countries have already introduced policies which allow employees to disconnect from work outside of structured hours.
One great example of this is Ireland. They’ve signed up to a voluntary code of practice where you develop a bespoke policy that suits your own business needs and respects employee rights.
There are three parts to the policy in Ireland:
- The right to not work outside of operational hours on a regular basis
- The right to not be penalised for refusing to complete tasks outside of these hours
- A duty to respect other employees right to switch off, by not contacting them via phone or email
The UK is likely to follow a similar model, and this way means embracing a flexible code of practice allows businesses to make their policies fit the requirements of their own industries
One thing to get right!
Implementing a code of practice around right to switch off will mean a very clear policy on what constitutes essential communication with employees, without this, you’ll be open to personal interpretation.
How can we help?
One thing that will go hand in hand with these changes is empowering your teams, at all levels, to recognise and implement boundaries. This helps you set out expectations and supports the communication of what is and isn’t appropriate.
We can deliver Setting Workplace Boundaries face to face at a venue of your choice on online as a webinar.
