The UK government has recently indicated that it intends to introduce the “right to switch off” for workers. This follows a global trend of similar legislation in other jurisdictions. As outlined in our earlier post on LaborSphere, a similar right has recently taken effect in Australia and is already standard in many European countries.
In its “Plan to Make Work Pay,” the government states that it intends to follow models such as those that are already in place in Ireland and Belgium, “giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.”
Though the parameters of the right to switch off are not yet known, it will likely be aimed at preventing employers from contacting their workers outside of core working hours and on weekends, except in urgent circumstances. Recent information reported in the press suggests that the right is likely to be implemented as a new Code of Practice, rather than as legislation. Notably, it is not included in the proposed Employment Rights Bill, which was discussed in our previous alert. Breaches of the Code of Practice would not form the basis of a standalone claim, but any compensation awarded in related claims could be increased by up to 25 percent as a result of the breach.
The government has not yet announced how breaches of the right would be determined. Likewise, there is no information available yet regarding potential exemptions.
The government’s suggestion that employers will be able to create “bespoke workplace policies” based on “constructive conversations,” together with the anticipated inclusion of the right as a Code of Practice rather than legislation, suggests that the right may have limited impact — though it is certainly indicative of the changes that are likely to come once the proposed Employment Rights Bill is detailed in full.
