The UK government is considering implementing a right to switch off, a policy designed to protect employees from being expected to engage in work-related communications outside of their agreed working hours. The measure aims to improve work-life balance, reduce stress and prevent burnout by ensuring that employees can disconnect from work without fear of negative consequences.
A new Code of Practice
The right to switch off in the UK is expected to be implemented via a code of practice, rather than through legislation. The new code would require employers to establish specific policies tailored to their workplaces, allowing different industries and businesses of various sizes to adapt the policy to their needs. For instance, employers and employees might agree on designated contact hours, ensuring that work-related communications outside these hours are minimised.
The code of practice would not, however, create a direct legal obligation, meaning that employees could not bring a tribunal claim solely based on a breach of this right. However, non-compliance with the code could be considered by tribunals in related cases, such as unfair dismissal claims. This mirrors how the Acas Code of Practice on Disciplinary and Grievance Procedures operates, where a failure to follow the code can result in an uplift of compensation by up to 25% in relevant claims.
Impact on Employers
Given the potential for this policy to become a reality, employers could look to start preparing now. One key step is to audit current workplace culture and policies regarding work-life balance. Employers should consider defining clear expectations around out-of-hours communication and beginning discussions with employees about what a right to switch off policy might look like in their specific context.
For smaller businesses or those in industries where out-of-hours work is common, it will be particularly important to think about how to implement these changes without disrupting operations. Flexibility will be at the heart of the new regime, and starting these conversations early can help ensure that when the policy is formally introduced, the transition runs smoothly.
Need Assistance?
The UK government’s plans to introduce a right to switch off are still in development, with many details yet to be finalised. However, the approach appears to be one of flexibility and gradual implementation through a code of practice. Employers should start to consider how the new rules could impact their organisation, including how policies, procedures and practices may need to be adapted in light of a new Code of Practice.
To discuss how the right to switch off could affect your organisation, contact us.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
