8th January 2025
Following the UK General Election on 4th July 2024 the Labour Government has committed to implementing various Employment Law changes by the end of 2026.
‘The Right to Switch Off’ is among the various commitments introduced under The Employment Rights Bill, which was announced on 17th July 2024 during the King’s Speech. The 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 goal of this initiative is to promote a healthier work-life balance for employees by establishing strict boundaries for employers to follow” says Sarah Everton, Head of Employment Law at Myers & Co. “It respects the need for employees to disconnect after work hours, which is essential for their mental and physical well-being. This policy will not only protect employees but also foster a more productive and committed workforce.”
Sarah looks at what the implications of ‘The Right to Switch Off’ might mean for both employers and employees in a diverse and rapidly evolving work environment.
The move towards flexible working has been beneficial for businesses across a variety of industries, but this post pandemic shift in attitudes has also blurred the lines between work and home life for employees. This has led to increased stress, longer working hours, and difficulties when disengaging from work. The Labour Government’s pledge of the right to switch off aims 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.
By ensuring employees have time to rest and recharge, businesses may see an increase in productivity and morale during working hours. By ensuring employees have the necessary time to rest, recharge and disconnect from work, businesses may see a significant increase in overall productivity, higher morale during working hours, and a more positive work environment that fosters long-term employee satisfaction.
As an employer, it is essential to comply with the new ‘right to switch off’ legislation, both from a legal standpoint and for the well-being of your employees. Staff who are frequently contacted outside of work hours may experience increased stress and reduced sleep. This can harm their mental and physical health, leading to decreased energy, burnout, and lower staff productivity.
Employees tend to seek better employment opportunities with employers who provide a positive work-life balance when faced with poor practices in their current workplace. This often leads to higher staff turnover and employers having to spend time and resources on training replacements.
The new Employment Law Bill aims to remedy this by improving productivity during structured working shifts and enhancing staff morale by promoting a clear work-life balance. It also seeks to establish clear expectations for both employers and employees.
Under the new policy, if an employee is regularly contacted 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.
If an employee is making a claim against their employer for other breaches of employment law rights, an infringement to the right to switch off can also be used to support their claim.
Employers also cannot penalise employees for refusing to complete work outside of their contractual obligations.
Several other countries have already introduced policies which allow employees to disconnect from work outside of structured hours.
In Ireland, a voluntary code of practice exists for employers to develop a bespoke policy that suits their business needs and respects employee rights.
There are three parts to the policy in Ireland:
The UK is set to follow a similar model, and the flexible code of practice allows businesses to tailor their policies to fit the unique demands of their industry and operational structure.
Implementing a code of practice may cause confusion regarding what constitutes essential communication with employees. It is crucial for employers to establish a clear policy that applies across all areas of their business.
Although the Employment Bill changes are not expected until 2026, they will bring a significant shift in how employers will need to operate. Employers will need to adapt their management practices to ensure compliance with the new regulations. This includes developing clear policies that outline the boundaries of work-related communication and establishing protocols for addressing any breaches.
For further information on what the right to switch off means for you and your business, please contact Sarah Everton Head of the Employment team on 01782 491025 or email sarah.everton@myerssolicitors.co.uk. Myers & Co has offices in Stoke-on-Trent, Staffordshire.
