In June 2024, the Labour Party launched a document laying out its manifesto to transform employment practices in the UK. The document was called ‘Make Work Pay’ and outlined a number of key reforms, including improving employees’ rights from day one of employment, introducing legal penalties for unfair practices and measures to enhance employee wellbeing. One key measure included to support employees’ mental health is the ‘right to switch off’. This article will examine the ‘right to switch off’, when it is coming into effect, and what it means for employers.
TABLE OF CONTENT
- What is the ‘Right to Switch Off’?
- Why is the ‘Right to Switch Off’ Important?
- ‘Right to Switch Off’ Benefits for Employees and Employers
- How will the ‘Right to Switch Off’ Impact Businesses?
- Stay Compliant with an all-in-one HR software like Factorial 🚀
What is the ‘Right To Switch Off’?
The ‘right to switch off’ is the ability to decline correspondence from your employer sent to you during your personal time, except in exceptional circumstances.
Correspondence includes phone calls, emails, instant messages, or any other form of communication. Personal time, on the other hand, refers to any time outside of contracted working hours.
The ‘right to switch off’ policy is already used in Ireland and Belgium.
When Does It Come Into Effect?
The ‘right to switch off’ was introduced as part of various measures designed to overhaul employment practices. Many of these measures are included in the new Employment Rights Bill, which is currently going through Parliament and is expected to come into effect in 2026.
However, the bill does not include the ‘right to switch off’. Instead, the ‘right to switch off’ will be included in a new separate statutory Code of Practice, which will be in the second stage of the planned reforms to working conditions. At the moment, it’s not clear when these will be implemented.
As a result, while it is an essential part of the government’s future employment reforms, there is no timeframe for when the ‘right to switch off’ becomes legally enforceable.
There is expected to be a consultation to determine how the right to switch off should be implemented and to work out what constitutes exceptional circumstances. For example, roles involving emergency services, critical infrastructure, or those that require immediate decision-making might be exempt.
Why is the ‘Right to Switch Off?’ Important?
The ‘right to switch off’ is essential because it protects an employee’s personal time. Ensuring that there is a clear boundary between home and work helps to create a healthier, sustainable work culture. Protecting personal time improves an employee’s work-life balance, reduces stress by allowing space for a proper break from work and increases workplace productivity.
Many believe the ‘right to switch off’ is driven by the increase in remote working following the Covid-19 pandemic. With more people working at home, separating work from personal life is more challenging. However, as the TUC reports, the ‘right to switch off’ also applies to shift workers who may be asked to stay on at the end of their shift or workers in roles such as cleaning, catering or security who may be called out of hours to take on extra shifts. In these cases, employees can feel as though they are always on duty and never have the chance to properly switch off.
‘Right To Switch Off’ Benefits for Employees and Employers
Both employers and employees benefit from the ‘right to switch off in several ways:
Improved employee relations: switching off helps employees rest and recuperate, enhancing their personal relationships and sense of well-being, creating a more positive and trusting relationship between the employee and employer. An increased level of trust leads to better morale and motivation.
Reduction in burnout, mental and physical health issues and absenteeism: properly resting and switching off from work can reduce employees’ stress, helping them be healthier and happier in their work and personal lives. Healthier employees lead to fewer sick days and fewer people on long-term absences for medical reasons.
Higher employee engagement and productivity: knowing that their work is focused within specific hours and will not intrude into their personal life encourages employees to be more efficient during working hours and can lead to greater engagement and productivity.
Enhances the employer’s brand: companies that value their employees’ time and are known to be responsible and responsive to their employees’ needs are usually more attractive to the top talent. Moreover, it also impacts retention rates as employees are more likely to stay in roles where they feel that their personal time is valued.
Compliance with good employment practices: although the ‘right to switch off’ is not a legal obligation, companies that demonstrate they have their employees’ well-being at the centre of their practices reduce the risk of legal challenges linked to excessive workplace stress. For employees, the ‘right to switch off’ helps build awareness of fair and realistic expectations regarding working hours, which can reduce the chance of exploitation.
How Will the ‘Right To Switch Off’ Impact Businesses?
Even though it will not be shrined in law in the immediate future, once it is in the Code of Conduct the ‘right to switch off’ will impact businesses in different ways:
- Culture change: businesses will need to move from an ‘always on’ approach throughout the organisation to leaders modelling when they will contact employees.
- Logistical considerations: for businesses that operate over different time zones, strategies will be needed to handle cross-time zone collaboration.
- Creating policies: companies will need clear policies that establish how the ‘right to switch off’ is respected and upheld, including defining what ‘exceptional circumstances’ mean and the consequences if managers are not following procedures.
- Training and development: there may be a need for training for managers and leaders to ensure that they understand what is expected of them regarding communication to team members and how they need to support the ‘right to switch off’.
- Monitoring: companies will need to ensure they have procedures that allow them to evaluate if the ‘right to switch off’ is being respected.
What Can Companies Do Now?
If you believe in the benefits of the ‘right to switch off’ and would like to prepare your organisation from when it is included in the Code of Conduct, there are steps you can take now:
- Set boundaries and communicate them to all employees, considering different working patterns such as flexible working or the impact of time zones.
- Encourage all employees to take their breaks and holidays and minimise overtime.
- Get feedback from employees on the working culture in terms of the hours and the way communication works.
- Create your own ‘right to switch off’ policy in consultation with your employees and senior leaders. Clarify what the term means, who it applies to and what exceptional circumstances are.
- Provide training in how to look after your mental health and wellbeing.
Spend some time thinking about how to role model how you want your employees to communicate with each other outside of working hours.
