What is the Right to Switch Off?

Labour’s ‘Right to Switch Off’ proposal is currently being discussed, with intentions to add it to the much-awaited Employment Rights Bill 2024.

The proposal aims to tackle work intensity and remedy poor working practices found across British businesses. Whilst the concept is still being discussed, employers must ensure their business is ready to comply with the legislative change.

Any sign of negligence could lead to serious consequences for your business. Like, unlawful working conditions, work-related health issues, and even negligence claims.

In this guide, we’ll look at what the right to switching off means, why it’s important, and how to introduce this healthy working practice into your business.

What is the right to switch off?

The ‘right to switch off’ is a proposal where employers won’t be allowed to make unnecessary contact with their staff outside of work hours.

Once it’s passed under employment law, employees will be allowed to decline work correspondence sent during their personal time. This may include phone calls, emails, instant messages, and other forms of communication.

The government hopes to add the proposal under the new Employment Rights Bill. Their efforts relate to tackling work intensity by rectifying current job conditions.

Why is the right to switch off from work necessary?

The right to switch off after work is seen as a necessary principle that’s long overdue in the UK. The new legal guidelines will help empower people to refuse unreasonable work requests – protecting the boundaries of their work-life balance.

Since the COVID-19 pandemic, hybrid and remote working were welcomed by many. However, it led to the rise of unhealthy work practices – presenteeism being one of them. Many suffered from work-related anxiety, stress, depression, and burnout.

Through the right to switch off, workers will receive efficient rest days during the week. Staff morale and engagement can lead to higher productivity and retention rates – resulting in greater business success.

Is the right to switch off law?

Currently in the UK, the right to switch off is not part of the law yet. However, it’s set to become part of the Employment Rights Bill once it’s passed. The concept could also be added to ACAS’s Code of Practice, in which employers must show compliance through internal policies.

Until the legislation passes, businesses can turn to our European counterparts for more guidance on switching off. In Ireland, the right to switch off is outlined under their own statutory Code of Practice. Their guidelines consist of three main elements:

1. The right not to work routinely outside of normal working hours.
2. The right not to be penalised for refusing work outside of normal working hours.
3. A duty to respect another’s right to disconnect.

If employers breach the upcoming law once it’s passed, they could face hefty penalties. For example, attending tribunal hearings, paying penalties, losing valuable staff, and facing reputational damages.

How to introduce the right to switch off in your workplace

Employers shouldn’t wait until the government has legalised switching off from work. It’s an inevitable move which all businesses should adhere to swiftly. Let’s look at how to introduce the right to switch off in your workplace:

Create a right to switch off policy

The first step employers can take is creating a right to switch off policy. This document should outline what the term means, who it applies to, and how your business aims to encourage this work practice.

Once the legal guidelines have passed, employers should amend all work documents to align with the law, like employment contracts and handbooks. It’s also important for all employees to have access to policies – at any given time.

Use monitoring software

Many businesses use all kinds of technology to ensure employees are working safely and sufficiently. A great one to introduce is monitoring software that outlines the boundaries of working hours.

Employers should emphasise this isn’t for judging their work presence. Rather, it’s for respecting your employees’ right to switch off. The software can also be used to regulate overtime, presenteeism, and unused holidays.

Deal with emergency situations

In some cases, you may face situations where you need to contact an employee after their normal work. For example, finding cover for an employee on a sickness absence.

It’s important that this doesn’t become a regular habit. If you need to seek cover, send one collective group message and solely correspond to those who are interested. Ensure your rules on emergency correspondence are highlighted within your policy.

Support flexible workers

Whilst the right to switch off legislation is a long-awaited, some employees might struggle with the change. This specifically applies to those with flexible working conditions.

Legal rules on switching off could lead to stricter working hours. This may negatively impact flexible workers who rely on fluidity to their working days. For example, those with childcare responsibilities or second jobs. Aim to support them with the change, especially when unavoidable personal problems are affecting their work duties.

Get expert advice on the right to switch off with Peninsula

The Labour government are striving towards healthier working conditions for British workers. ‘Switching off’ helps respect the boundary between professional and personal lives.

Peninsula offers expert advice on the right to switch off. We also offer 24-hour HR advice – ensuring your business complies with all legal obligations connected to working hours.

Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.