The Right to Switch Off – How Labour’s Proposed Policy Could Affect Your Business

Since Labour came into power earlier this year, they have been outspoken on workers’ rights, proposing laws that are aimed at improving work-life balance. One of these proposals is the right to switch off.

If brought into law, this policy would give employees the legal right to disconnect from email and phone communications outside of their outlined working hours.

Work-life balance is a big buzzword right now within employment, following the aftermath of the COVID-19 pandemic, where remote working exacerbated issues caused by out-of-hours contact from employers.

The need for this law reflects the government’s growing concerns over toxic working cultures driven by digital connectivity, which can often blur the line between personal time and professional duties.

The right-to-switch-off policy will introduce new protections for workers but could also impose some challenges for businesses.

The Right to Switch Off

Labour’s right to switch off policy would place a legal obligation on employers to respect workers’ non-working hours by preventing them from contacting employees outside of their working time. Contact can include phone calls, emails, and messaging unless there is an emergency.

To safeguard employees, employers would have to formalise communication expectations through employment contacts or workplace policies.

Positives

As an employee, the benefits of this policy are clear. It allows for workers to have clear boundaries in their employment, which can preserve personal time and protect against stress caused by a toxic work culture. Having a legal right to switch off could reduce the risk of burnout and lead to higher productivity and better staff retention.

Overall, this proposal would create clearer guidelines over what constitutes reasonable work-related requests outside of working hours.

Negatives

For businesses, the proposal could impose challenges, particularly in fast-paced or 24-hour sectors. If employees are legally entitled to ignore out-of-hours communications, businesses may face operational constraints. This would be exacerbated in global businesses operating across different time zones, as requests may not be acted upon promptly.

Administrative burdens may also come into play, as businesses could need to redesign their work policies in compliance with the new law.

If brought into law, a failure to comply may result in legal repercussions for employers, including claims for breaches of employment rights. Businesses would need to ensure that workloads are manageable within working hours to avoid frequent out-of-hours communications.

Overall, Labour’s ‘right to switch off’ policy is a bold step towards improving work-life balance but may require careful balancing to address both employee protections and business operational needs.

Contact an Expert in Employment Law

Farleys’ employment law specialists are always keeping up to date on current and upcoming changes to employment law. This means that we can offer the best possible, up to date advice. Whether you are an employer or an employee, Farleys’ team of experts are on hand to advise on matters in relation to your individual circumstances. Get in touch today on 0845 287 0939 or contact us by email.