The new Labour Government have proposed plans for the ‘right to switch off’ as part of their Employment Rights Bill. If implemented, employees will have the right to disengage from work-related communications, such as emails, phone calls, and other work tasks, outside their regular working hours without facing repercussions.
Segregating work life and personal life allows employees to find balance. But how might this be implemented? Restrictions on contacting employees out of hours could be applied through a Code of Practice, much like the Irish Code of Practice on the Right to Disconnect. The Irish Code of Practice acknowledges the following:
- a right not to routinely work outside normal working hours
- a right not to be penalised for refusing to do so, and
- a duty to respect another person’s right to disconnect
If agreed upon, a Code of Practice will act as guidance to employers to draft their own policies applying the right to switch off within their businesses.
Why is the ‘right to switch off’ necessary?
- Productivity and focus – constant connectivity can diminish concentration during set working hours due to fatigue and overload.
- Respect for personal life – respecting employee’s personal time outside of contractual hours can foster a more empathetic workplace culture.
- Rest and burnout – rest can allow employees to recharge, preventing constant correspondence which may cause feelings of being overwhelmed and an unmanageable workload.
- Mental health and well-being – overworking can result in burnout, stress, anxiety and other mental health issues, work-life balance can be better achieved when employees are allowed to disconnect.
- Legal protection – legal backing from Codes of Practice can help employers to ensure they do not exploit employee time.
- Equality – clear guidance on working requirements helps to ensure all employees are treated equally and held to the same standards.
- Physical health – overworking can contribute to physical issues like eye strain, poor posture, and other injuries.
- Job satisfaction – employees who feel that their time is valued and respected often have a more positive work environment and in turn, higher retention rates.
Although employers will still retain the power to decide whether to draft a policy dictating which situations require and warrant out of office contact, a Code of Practice for the right to switch off helps to acknowledge an employee’s right to privacy and rest. Therefore, a breach would not result in a standalone claim for litigation but may be considered as an aggravating factor in an employment tribunal, helping to award an employee a higher level of compensation.
How can we help?
If you would like any further information, guidance or assistance on how this may impact your workplace, please get in touch with our team of expert consultants.
