The right to switch off: Government plans to protect employees

One hot topic in employment law is a proposal by Government to introduce legislation for the ‘right to switch off.’

The UK Government is exploring a new law which could punish employers which contact workers outside an agreed set of hours.

In its election manifesto, Labour said: “Good employers understand that for workers to stay motivated and resilient, they need to be able to ‘switch off’ and that culture of presenteeism is damaging to morale and productivity.

“The pandemic has led to a change in flexible and remote working practices in many workplaces, which offer significant opportunities to fit work around family life. However, it has also inadvertently blurred the lines between work and home.”

The exact details are still scant, but one possible outcome is a new ACAS Code of Practice which will detail the policy on legitimately being able to ignore a work email or call outside of working hours.

Failures by employers to allow employees to switch off when not at work could then result in uplifts in compensation.

If the model for failure to follow the ACAS Code of Practice on disciplinary and grievances is followed, then this could be up to 25%.

It is not a settled position, but it is coming in some form. Perhaps now is the time for employers to wean themselves off the temptation to send that late night email or Whatsapp message, while the penalties don’t exist.