The rise of remote working, accelerated by the COVID-19 pandemic, has made it easier than ever for employees to remain connected to their work outside of traditional office hours. While this flexibility has its advantages, it has also led to a growing concern about employee burnout and the erosion of work-life balance. In response to these concerns, the new UK government has signalled its intention to introduce a 'right to switch off' through a new code of practice.
This proposed recommendation aims to establish clear guidelines for when employees are expected to be available for work and when they are entitled to disconnect. While details are still emerging, this move is part of a broader effort to improve employee well-being and productivity by ensuring that workers have adequate time to rest and recharge.
In this blog, The Good Employment Charter explores what we know about the proposed recommendation, how it might be implemented, and what employers can do to prepare. We will also examine how similar policies have been implemented in other countries and what lessons can be learned.
The idea of a right to disconnect is not new. In fact, it has been gaining traction across Europe in recent years. Countries like France, Ireland, and Belgium have already introduced legislation aimed at protecting employees' right to disconnect from work outside of contracted hours. The Labour government in the UK is now looking to follow suit.
The driving force behind this proposal is the increasing recognition of the negative impact that constant connectivity can have on employees' mental health and well-being. The pandemic exacerbated these issues, with many workers finding it difficult to switch off as the lines between work and home life became more blurred. This has led to higher levels of stress, burnout, and a general decline in work-life balance, particularly among younger generations, such as Gen Z, who are entering the workforce with a different set of expectations and values.
In response to these challenges, Labour has reiterated its commitment to introducing a right to switch off, arguing that such a measure is not only beneficial for employees but also for employers. By ensuring that workers have time to rest and recover, it is believed that productivity and overall job satisfaction will improve.
While the specifics are still being finalised, reports suggest that the right to switch off will be introduced through a code of practice for businesses rather than enshrined in law. Although not legally binding, a failure to comply with a code of practice can be taken into account by an Employment Tribunal. This approach is similar to how other employment rights, such as flexible working and disciplinary procedures, have been implemented in the UK.
A code of practice would likely require employers to develop and implement right to switch off policies tailored to their specific workplaces. This would mean that there would not be a one-size-fits-all solution; instead, employers and employees would need to agree on what constitutes reasonable working hours and when employees should be free from work-related contact.
One key aspect of the proposed code is that it would allow employment tribunals to take an employer’s compliance with the code into consideration when assessing claims related to work-life balance, such as constructive dismissal or discrimination claims. However, a breach of the code itself would not give rise to a standalone claim. Instead, failure to adhere to the code could result in an uplift in compensation awarded to employees in other related claims, much like the current Acas Code of Practice on Disciplinary and Grievance Procedures.
This flexible approach is intended to minimise the burden on smaller businesses while still encouraging a cultural shift towards better work-life balance. Businesses in the UK might look to learn from how businesses other countries have implemented the right to switch off, particularly in industries where out-of-hours contact is often unavoidable.
As the UK considers implementing its own right to switch off, there are valuable lessons to be learned from other countries that have already introduced similar measures.
Ireland implemented a right to disconnect in 2021 through a code of practice. Like the proposed UK model, this is not legally binding, but it can be taken into consideration in employment disputes. The Irish code requires employers to respect employees' working hours and avoid unnecessary contact outside of these times. While the introduction of the code was widely publicised, its practical impact has been somewhat limited.
This is partly because Ireland already has strict regulations on working hours, including a maximum 48-hour workweek, which employers are obligated to monitor. As a result, the right to disconnect has served as a reminder to employers and employees alike to be mindful of working hours and the importance of taking breaks.
In Belgium, the right to disconnect was introduced in 2018. Belgian law requires employers to negotiate with employees on contact hours and to establish clear guidelines on when employees are expected to be available. This approach has helped to create a more balanced working environment, but like in Ireland, the impact has been more about raising awareness than drastically changing work practices.
Looking further afield, Australia has recently introduced a right to disconnect as part of broader reforms to its employment laws. In Australia, employees now have the right to refuse unreasonable work-related contact outside of normal working hours, and the Fair Work Commission has the power to enforce this right, backed up by potential fines. This gives the Australian right to disconnect more 'teeth' compared to the European models, which could be a consideration for the UK government as it finalises its own approach.
For UK employers, the introduction of a right to switch off represents both a challenge and an opportunity. While the details are still emerging, it is clear that businesses will need to adapt to ensure compliance with the new code of practice, once it is introduced. However, rather than seeing this as a burden, employers should view it as an opportunity to enhance their workplace culture and improve employee well-being.
Here are some steps that employers can take to prepare for the right to switch off:
1. Conduct a workplace audit: start by assessing your current workplace culture and practices. Are employees expected to be available outside of regular working hours? Do you have clear policies in place regarding work-related contact after hours? Identifying potential areas of concern now will help you to address them before the new code comes into force.
2. Develop a right to switch off policy: based on the findings of your audit, work with employees to develop a right to switch off policy that meets the needs of your business while respecting employees' right to disconnect. This policy should outline expectations for work-related contact, specify acceptable working hours, and provide guidance on how employees can report concerns.
3. Communicate and train: once your policy is in place, ensure that it is clearly communicated to all employees. Provide training for managers and staff to ensure that everyone understands the importance of work-life balance and how the right to switch off will be implemented in practice.
4. Monitor and review: the right to switch off should not be a one-time initiative. Regularly review your policy and its implementation to ensure that it remains effective and relevant. Encourage feedback from employees and be open to making adjustments as needed.
5. Engage with the Good Employment Charter: The West of England Good Employment Charter can be a valuable resource for employers looking to navigate these changes. By aligning your business with the Charter's principles of good employment, including the promotion of work-life balance, you can not only prepare for the right to switch off but also enhance your reputation as an employer of choice. Become a Supporter today.
The proposed right to switch off represents a significant shift in how work-life balance is viewed in the UK. While the details are still being finalised, it is clear that employers will need to adapt to this new reality. By proactively preparing for these changes and engaging with initiatives like the Good Employment Charter, businesses can not only ensure compliance but also create a healthier, more productive workplace.
As we await further details from the UK government, now is the time for employers to start thinking about how they can support their employees in achieving a better work-life balance. After all, a well-rested and engaged workforce is key to long-term success. Get in touch with the team to find out more about how the Good Employment Charter can help.
