Are you ready? A new right to disconnect may be on the way

A spokesperson from Downing Street has commented that the right to switch off from work is key to productivity. It could, it is hoped, boost economic growth in the UK and was part of Labour’s pre-election Plan to Make Work Pay. Now, reports suggest that after reviewing models in other countries, the Government is leaning towards a Code of Practice, rather than legislation. Here we look at the right to disconnect and what we know about the Government’s plans.

Labour’s Plan to Make Work Pay set out how the pandemic led to a change in flexible and remote working practices, giving employees the opportunity for a better balance between home and work life. However, it has also led to a blurring in the lines between work and home. Good employers, the Plan went on “understand that for workers to stay motivated and resilient, they need to be able to ‘switch off’ and that a culture of presenteeism is damaging to morale and productivity”.

Switching off however has to be balanced against the needs of the employer, which can mean contacting employees “out of hours”. This flexibility, the Plan states, is valued by some who prefer to work outside of conventional work patterns. Taking inspiration from other countries, Labour promised to “promote a positive work-life balance for all workers”. It intends to achieve this by introducing the “right to switch off” and stop employees’ homes from becoming 24/7 offices. In particular, the Plan highlights the examples of Ireland and Belgium, where workers and employers have a mechanism for “constructive conversations” and to come together to agree on policies unique to the organisation, and contractual terms that benefit all parties.

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Why have the right to disconnect?

Although it may at first seem beneficial to an organisation that staff are regularly working out of hours to get jobs done and respond to queries, it can be very damaging. Staff who are not able to properly rest after a day’s work, and continue the stresses of work out of hours, can become burned out, less productive and disillusioned in their role. This can lead to issues in retention and morale, which can negatively impact the whole organisation.

The right to disconnect works to counteract this, encouraging and indeed expecting staff to switch off when they are not working. Not only can it help promote greater staff wellbeing, but it can also be an effective way for the organisation to demonstrate it cares for its employees, something that can help retain staff and attract new employees.

The current position in the UK

The Working Time Regulations 1998 set rules on daily and weekly minimum rest periods and maximum weekly working hours, but workers are able to opt out of a 48-hour maximum. They cannot, however, opt out of statutory minimum rest entitlements. Employers must make sure that workers can take their rest breaks including 11 hours’ daily rest for adult workers.

So, whilst existing law entitles workers to “rest”, the minimum rest periods will rarely align with a worker’s contractual hours, which could arguably mean that communication outside of normal working hours does not always breach minimum rest period rules.

The next step in the Government’s plans

In August 2024, it was reported that, influenced by the practices in Ireland and Belgium, the Government intends to introduce a Code of Practice on the right to switch off. This option is seemingly preferred as it is recognised that organisations vary in terms of their requirements and people, and a “one-size-fits-all” approach would not be workable in practice.

If this Code of Practice becomes a statutory Code, it could be taken into account in employment tribunal proceedings, similar to the Acas Code of Practice on Disciplinary and Grievance Procedures.

It remains to be seen if this will be the case, or if the principles in the proposed Code will be purely voluntary.