The Right to Switch Off: What Employers Need to Know

The UK government is considering introducing a new Code of Practice that could have significant implications for businesses regarding employees’ right to switch off outside working hours. This development stems from Labour’s manifesto pledge, featured in their ‘Make Work Pay’ paper, to establish a ‘right to switch off’. A recent report in The Times suggests the government is now exploring how to implement this right practically.

What Could This Mean for Employers?

The proposal centres around the introduction of a Code of Practice on the right to switch off, likely to be issued by Acas (the Advisory, Conciliation and Arbitration Service). While this code would not create a direct legal right to bring a claim to an employment tribunal, non-compliance with the code could influence compensation levels in related tribunal cases.

The government’s approach appears to mirror the Acas Code of Practice on Disciplinary and Grievance Matters, where failure to adhere to the code can lead to compensation being increased by up to 25%. If a similar model is adopted, businesses not respecting the right to switch off could face heightened financial consequences if an employment tribunal finds against them in a related claim.

Key Questions Remain

Despite these early indications, there are still many unanswered questions about how the proposed right to switch off will operate:

• What will the Code of Practice require? The specific obligations that employers will need to follow under this new code remain unclear. Will it mandate certain hours where employees must not be contacted, or will it allow flexibility based on industry and role?
• What level of compensation uplift might be applied? Like the current practice in disciplinary and grievance matters, could compensation be increased by up to 25% if the code is breached, or will a different percentage apply?
• Which types of claims will the code affect? Will this new code impact all tribunal claims, or will it be limited to specific cases where out-of-hours working issues are central?
• Internal Policies vs Code of Practice Compliance: There is also uncertainty around whether the focus will be solely on adherence to the Code of Practice or if it will extend to compliance with internal policies developed in response to the code. According to The Times, penalties may apply where companies are shown to repeatedly breach internal agreements on out-of-hours work. This suggests a more stringent and interventionist approach than the existing provisions for disciplinary and grievance matters.

Preparing for Potential Changes

While the government has not yet finalised its position, businesses should start considering how they might adapt to a more formalised right to switch off. Here are some steps to take now:

• Review Current Practices: Evaluate your current policies and practices regarding out-of-hours communication and expectations. Consider whether they align with the principles likely to be included in the new code.
• Develop Clear Policies: If not already in place, consider developing a clear policy that defines reasonable working hours and expectations for responding to work-related communications outside these hours.
• Engage Employees: Open a dialogue with your employees about work-life balance and out-of-hours expectations. Understanding their views can help shape a policy that meets both business needs and employee well-being.
• Stay Informed: Keep up-to-date with developments on this topic. As more details emerge, being informed will allow you to make timely adjustments to your practices and policies.

Need Assistance?

The right to switch off is gaining momentum as an important aspect of modern employment law. As these changes unfold, ensuring that your business is compliant and prepared will be crucial. If you need advice on how to develop effective policies or want to understand more about the implications of these potential changes, our team of employment law experts is here to help.

Contact Us Today:

• Email: info@mylawsolicitors.co.uk
• Telephone: 01924 654194

Staying ahead of employment law changes not only protects your business from potential claims but also supports a healthy, balanced workplace environment.