The Right to "Switch Off"

Labour has promised to introduce the right to “switch off” – but what does it actually mean?

The “right to disconnect” was initially established in France in 2017. More recently, Ireland has introduced a code of practice, which applies to all employers and is aimed at embracing the work life balance. The code is not legally binding, but it can be used in evidence during relevant legal proceedings. In Belgium, the right is legally binding and applies to federal government employers and employers with 20+ employees. The Belgium right must be included within collective bargaining agreements or work rules, and whilst there are no direct sanctions, there may be sanctions if the employer breaches its well-being obligations.

What about the proposed UK model?

Labour have said that the right to “switch off” outside normal working hours is key to boosting productivity and the UK economy. Although, it has been recognised that different employers and different roles mean that one size certainly wouldn’t fit all.

Reports have suggested that the government will be considering a blend of the Irish and Belgium models, with the possibility of a new code of practice. Whilst the code may not create a freestanding right, failure to follow it could result in compensation uplifts for certain claims (similar to the Acas Code of Practice on disciplinary and grievance procedures, which permits an uplift in compensation of up to 25% if the employer has failed to follow the code).

Key takeaways

• We currently await further details, particularly in relation the code of practice, possible uplifts and the claims relevant to those uplifts.
• Employers are encouraged to consider currently work-life practices.
• Thought should also be given to:

1. employee set hours, and what they may look like for different roles;
2. what will happen to work that needs to be completed outside of the set hours;
3. contingency plans; and
4. how to ensure staff abide by any set hour agreements.

If you or your business requires any assistance to help prepare for this change, including any work-life balance culture audits. Please contact a member of the Employment, Pensions & Immigration department who will be happy to help,

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