Insights from Mike Kealey, CEO
Labour’s proposed policy giving employees the right to switch off has been hitting the headlines recently as talks of how it’s likely to unfold have emerged.
Until now, the proposal allowing employees to disconnect from work in their own time, named ‘the right to switch off’, came with no detail on how exactly it was to be achieved, or what such policy would consist of.
We are now, however, starting to get an understanding of what this may look like thanks to The Times – albeit unlikely to be officially written into legislation within the first 100 days of the Labour Party being in power.
Employees having the right to switch off is part of the new government’s broader commitment to improving work-life balance and addressing the ever-blurring boundaries between work time and personal time (more details on all their proposed employment law pledges can be found here). It would prevent employers from expecting their staff to engage with work emails, messages, or calls during non-working hours.
Recent developments have confirmed that this will involve a code of practice agreed between employers and employees, setting out expectations of normal working hours when staff should expect to be contacted. It’s been reported that employers who repeatedly breach this agreement could have thousands of pounds added to their compensation bills if taken to tribunal (although an isolated incident of such a breach is not likely to warrant litigation).
By the sounds of it, when the time comes, it will be a ‘best practice’ policy similar to those set out by Acas, as opposed to a legal requirement that organisations have no choice but to follow. However, to avoid potential compensation increases of up to 25%, it will be in an employer’s best interest to stick to their agreement.
It is said that the government is looking to countries where similar policies are already successfully in place for inspiration. Let’s look at how this is done elsewhere:
One of the first countries to introduce such legislation, France established legal protections to support employee’s work-life balance in January 2017. The law requires companies with more than 50 employees to negotiate agreements that define when employees can disconnect from work-related communications outside of usual working hours.
It aims to protect workers from burnout and ensure that personal time is respected, although it leaves specific details to be negotiated between employers and employees.
Introduced in April 2021, Ireland’s right to switch off legislation grants employees the right to disengage from work outside of their normal working hours without facing negative consequences. This code of practice outlines that workers are not obligated to respond to emails, calls, or other work-related communications during their off-hours, except in exceptional circumstances.
While not legally binding, the code of practice is enforceable through existing employment laws, providing employees with a framework to assert their right to disconnect and encourage employers to respect these boundaries.
Taking a stricter approach, Portugal’s legislation, introduced in November 2021, prohibits employers from contacting employees outside their regular working hours, except in emergencies.
This legislation applies to companies of all sizes and imposes fines on employers who violate the rule, aiming to protect workers’ mental health and personal time.
As previously mentioned, it’s unlikely that the new government will meet its initial aim of having its proposed employment law reforms (including a right to switch off policy) in place within the first 100 days of being in power, simply due to how long it takes, in reality, to go through the motions including facilitating consultations with businesses.
As such, employers shouldn’t worry too much about these changes being officially rolled out any time soon – with a government source confirming that the details of what “right to switch off” policies would look like are still being worked out.
Each business will have varying needs which will differ from industry to industry meaning that for some, it will never be as straightforward as implementing one rule for all, and therefore more challenging to introduce a blanket policy based on set working hours.
However, I would say that to best prepare for the inevitable introduction of some form of right to switch off code of practice later in the year, employers – especially SMEs – should identify any areas or roles within their businesses which rely heavily on “outside of normal working hours” contact and how much of an email “out of hours” culture currently exists within their organisations. This way, if legislation is passed, they will have an idea of how big an impact the legislation may have and in what area of their businesses it is likely to have the greatest effect.
If your company could benefit from HR support, especially as crucial changes to employment law come into effect, our friendly team at Vero HR can help. Contact us to find out how we can work together to support your organisation and its employees.
