The Road Ahead: Are you ready to switch off?

As we look ahead to the end of Parliamentary Recess and the approach of party conference season, ESG issues appear to be back on the political agenda. Seeking to deliver on their promised New Deal for Working People, Ministers are currently considering different options for how they might introduce the “right to switch off” promised in Labour’s election-winning manifesto.

The planned policy shift looks to help rebuild a clearer distinction between work and home life in the wake of the Covid-19 pandemic. While many more employees now benefit from enhanced flexible working arrangements, there are concerns that this can lead to a culture of remote presenteeism developing within organisations, where employees feel pressured to be available to answer calls or emails outside of working hours on a regular basis.

No 10 has said that being required to be available to respond to calls or emails outside of standard working hours could be seen as presenteeism if it leads to burnout and impacts employees’ resilience. Labour spokespeople have been keen to emphasise the link between employee burnout and decreased productivity, linking the government’s workers’ rights agenda to its pledges to drive up UK productivity and boost economic growth.

The government is looking at “right to switch off” models adopted by other countries as it looks to develop a model that will work for the UK. In particular, Ministers are reported to be looking at Ireland, where an advisory code requiring employers to engage with their staff on a "right to disconnect" was implemented in 2021 following negotiations with trade unions, and Belgium, where the “right to switch off” is enshrined in legislation for all companies with more than twenty employees.

Similar policies are well established in a number of other countries, too – with French employees having the legal right not to be expected to respond to emails sent outside of working hours since 2017.

Media reports suggest that both UK employers and employees could be required to sign up to a code of practice on out of hours contact. It has also been reported in The Times that employees who take their employers to tribunals may be able to obtain significantly increased compensation if they can demonstrate frequent contact from their bosses or colleagues outside of their standard working hours.

While the exact nature of the government’s policy is not yet clear, it is likely that larger organisations in particular will be expected to implement new agreements with employees regarding out of hours work. Labour has acknowledged that there is a need for its policy to be flexible and feasible given the different requirements of different job roles and professions. However, it would be worthwhile for businesses to start thinking now about what you might need to do to ensure you are in a good position to respond to changing guidance or new legislative requirements.