New ‘right to switch off’ law could redefine work-life balance in the UK The Government has announced plans to introduce a right to disconnect, arguing that enabling workers to properly ‘switch off’ will in fact improve economic productivity. Flexible and virtual working patterns have become more common place since the global pandemic. Whilst this has provided workers with a greater degree of flexibility, it has also blurred the distinction between home and work life balance and is also seen as contributing to the higher levels of burnout. In an effort to address this, the Government have pledged to introduce a new right for employees to prevent employers from abusing flexible working and to ensure workers are able to manage and maintain this distinction. Several ‘Right to switch off’ models already exist across various other jurisdictions. Most recently, Australia introduced a new law which allows employees to ignore communications from their employers after their contractual hours. The rules do not actually prevent employers from making contact, but there is no obligation for employees to respond. What could the proposals include for the UK? The Government has indicated that they are likely to emulate the models already used a little closer to home in Belgium, France and Ireland. If so then this is likely to involve a code of practice agreed upon by individual employers and employees, outlining when staff should not be contacted outside of work hours. Implications for employers? It is not clear as to when these proposals will come into effect, nor the final form which they will ultimately take. The Government have not formally confirmed for instance whether this would indeed merely be limited to a code of practice or whether it could be upgraded to a statutory right though the former would seem more likely. Portugal serves as an example of where the Government has adopted a much stricter approach with it being unlawful for employers to contact workers out of working hours other than in situations of ‘force majeure’. As with the raft of other employment law changes which the Government is committed to introduce as part of it’s New Deal for Workers, it has promised to fully consult with all parties (including employers) before enacting any new law. However, some potential implications for employers could be as follows: It is not clear whether there would be a scale of obligations depending on the employer size – otherwise any regulations may have a disproportionate effect on smaller and medium sized employers. In France for instance, the obligation only applies to employers with 50 or more employees. The Government has indicated that their current thinking does not involve a ‘one size fits all’ approach with there being an acknowledgement that some industries can’t operate effectively if they’re unable to contact key employees if needed urgently. Also, many employees value the flexibility of managing their own working hours around other responsibilities and would be keen to retain that flexibility. There are therefore likely to be challenges for to create flexible yet comprehensive policies, ensuring consistent application across organisations and managing compliance. Employers who repeatedly breach any agreement could face significant penalties if taken to an employment tribunal. Although such breaches alone may not lead to litigation, they could be used as an aggravating factor in broader claims, potentially increasing compensation awards. Currently, under ACAS guidelines, compensation can be increased by 25% if an employer fails to follow established codes of practice, such as those related to grievances or disciplinary matters. It’s clear that introducing a ‘right to switch off’ remains firmly on the Government’s agenda. Businesses would therefore be well advised to proactively prepare for this, in whatever form it may take. Regardless of future regulation, prioritising work-life balance is both good for employees and businesses. How can Morr & Co help? If you require further assistance and advice on potential changes to legislation or have any questions about this article, please call our Employment team on 01737 854500 or email info@morrlaw.com and a member of our expert team will get back to you. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Amber Fraser Solicitor Message Tags Insights Corporate Insights On this page Related Stories Insights Perspectives New Labour Government & employment rights View more Contact our team today Contact Us
