Whilst the Covid-19 pandemic caused numerous difficulties for both employers and employees alike, one positive to come out of it for many of employees was the potential for improvement to work-life balance.
Such an improvement was felt by several employees via greater flexibility being permitted in respect of both location of work (with many employees being entitled to work from home all or part of their working week) but also hours of work to fit around home life and other commitments. Since the easing of restrictions, retaining flexibility in the workplace has remained a focal point for many businesses, something welcomed by a large amount of the workforce and often now heavily sought after when looking for new roles due to the benefits it is thought this can offer.
There are growing concerns however, that this enhanced flexibility can unintentionally lead to a blurring of the previously more distinct line between work life and home life, and consequently hinder, rather than enhance, a good work-life balance. With high levels of sickness absence due to poor mental health being regularly reported, the feeling remains that the work-life balance is not yet right for a substantial number of the workforce. It is important, ultimately, to find a balance between offering flexible working, whilst balancing this with the need to keep work life and home life separate so employees have appropriate levels of rest and time away from work. In turn, it is thought that this will help boost productivity in the workplace, as employees can properly focus and remain productive during their normal working hours.
In order to try and address this, the Labour party pledged in their 2021 Green Paper, and subsequently in the Plan to Make Work Pay, to introduce the right to switch off, with their proposal centering on an individual’s right to disconnect from work outside of their usual working hours and to then not to be contacted by their employer during this time. Whilst the right to switch off was not specifically mentioned in the King’s Seech on 17 July 2024, reports after this date suggest that Labour remains committed to introducing this proposal with a view to improve culture and consequently assist in economic productivity. It is therefore likely that the right to switch off is still on the new Government’s radar however, whether or not this with be included in the Employment Rights Bill remains unclear.
If introduced, it is expected that the right to switch off would follow the rights already in place across a number of European countries. The right, and sanctions attached for breach of the right, differ across the various different countries, and the specific details of the right to be introduced in the UK remain undetermined. Therefore, it is unclear exactly what model or approach the UK would seek to adopt, however, there had been discussion of following a lighter approach akin to those of Ireland and Belgium. If such a route is explored the right to switch off could, in fact, have little impact on businesses, in reality. This would be similar to the approach seen in countries, such as Ireland, which has introduced a Code of Practice on the Right to Disconnect, which is not legally binding and contains no specific sanctions for breach of the Code.
Whilst there is presently uncertainty as to whether this right will come into force and, if so, when this might occur and the remit of the same, employers may still wish to consider acting at this point as it seems apparent the right to switch off remains a key initiative for the Labour Government. As part of preparations, employers may also want to implement a right to switch off policy, under which they can set out steps which they have put in place to assist staff members to do this.
In making any changes, it is important for employers to remember the key incentive to bring in the right to switch off is to try and promote staff wellbeing and a better work-life balance, which can be promoted and achieved through a variety of different avenues. For instance, employers may wish to have a policy restricting the times emails are sent to try and discourage “out of hours” emails being sent to which individuals may feel pressure to respond to out of hours as well. Alternatively, employers may want to consider methods of obtaining staff feedback and input on how they can help improve work-life balance or workplace culture, so action can be taken which would be considered beneficial and valuable to their workforce.
If you would like to discuss the Government’s proposals further, or action that you may wish to take in preparations for incoming changes, please do contact a member of the Employment Law Team and we would be happy to assist.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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