Right To Switch Off: Un-Plugging from Work

As you may be aware the new UK government is considering plans to introduce a new policy that stops employees being contacted outside of their “normal working hours”. This is part of Labour’s commitment to introducing a “right to switch off,” aimed at helping employees separate work from home life. Similar ideas have helped Labour draw inspiration from countries who already have this policy in place.

“A survey of 1,050 UK adults, conducted by Ipsos, found that six in 10 (60 per cent) would support the introduction of a law giving employees the right to ignore work-related communication outside working hours.”

The proposed policy would involve creating a code of practice agreed upon by employers and employees, outlining when it is appropriate to contact staff. If an employer repeatedly goes against this agreement, it could increase the amount of compensation awarded to employees in employment tribunals.

The government is still putting the finer details together, but the aim is to create a policy tailored to each workplace, agreed upon by both the business and their employees. However, some critics have argued that such laws, especially strict ones seen in some countries that ban on “out of hours” contact, could be a big problem. They point out that modern businesses operate across different  time zones and working hours making it unrealistic to completely stop communication outside of “normal working hours”.

What COULD employers do to comply with the predicted code?

• Develop a right to disconnect policy in consultation with staff or their union representatives, ensuring it is tailored to your business needs and requirements.
• Put the policy into grievance and disciplinary procedures, enabling action to be taken if the Policy is breached.
• Provide management with training on how to apply the Policy in practice to ensure ongoing compliance.
• Clearly communicate to staff that they are not required to stay online after their normal working hours. This could be a specific document signed, like the Opt out agreement.
• Review how employee working hours are tracked and implement a time management system if one isn’t already in place, this will give you a chance to regularly review the policy and adapt if required.

What COULD employees do to comply with the predicted code?

• Manage their own working time.
• Cooperate with any tools or systems used to record working hours when working remotely.
• Respect the right of colleagues, clients, and others to disconnect outside of working hours.
• Be aware of your working patterns and your work-related wellbeing.

Certain legitimate factors for employee’ to be contacted outside of working hours include, filling in short term sickness, emergency circumstances, when business operate out of “normal working hours” These factors have been seen in other countries who currently adopt a similar policy.

This policy is still in the works but keep an eye on Altum HR for updates! We’re here to keep you informed on potential legislative changes and how we can support you through them.

(People Management, 2022)