Remote working tools and flexible working practices offer workers many benefits, but they have also blurred the lines between work and home, making it difficult for people to switch off at the end of the day.
In 2023, 3.8 million UK employees did unpaid overtime, according to calculations from the Trades Union Congress. This amounts to £26bn of unpaid labour.
It is believed that establishing a so-called right to disconnect will help to set a clearer distinction between work and home life by preventing employees from being routinely contacted or asked to complete tasks outside of their regular working hours.
Labour first proposed the introduction of a right to switch off in its Plan to Make Work Pay, which was published ahead of the general election. The party stated that any legislation would follow a similar model to those already in force in Ireland and Belgium and would prevent homes from turning into “24/7 offices”.
Learning from existing right-to-disconnect rules
Ireland’s Workplace Relations Commission introduced a Code of Practice that establishes the right for workers to disengage from work and refuse to engage with work-related communications outside normal working hours. Employers are also encouraged to work with trade unions and employees to establish a right-to-disconnect policy.
In Belgium, businesses with more than 20 employees must have a written agreement in place which sets out rules around the right to switch off.
In Australia, where a right to disconnect came into effect earlier this week, the new law allows workers to ignore out-of-hours messages from their employer without fear of repercussions.
How will the right to disconnect be enforced in the UK?
While the full details are still being worked out, it is expected that the UK’s right to disconnect will be recommended in employers’ codes of practice, rather than enshrined in law.
This would mean that it will not be a stand-alone right, but it is expected that breaches of the right to disconnect could be added to other employment tribunal claims. This would leave employers who consistently contact staff outside of working hours open to potentially paying increased compensation to staff at tribunals.
Ben Willmott, head of public policy at the Chartered Institute of Personnel and Development, says introducing the right through a code of practice should allow employers to “develop approaches which work for both them and their staff”.
Such a code can help support workers’ work/life balance and wellbeing
“Developed in the right way, in consultation with employers, such a code can help promote what is already adopted as good practice in many organisations and support workers’ work/life balance and wellbeing,” he adds.
While employees are generally in favour of introducing a right to switch off (69% of people polled by Savanta supported the notion), employers are less keen. The majority of business leaders surveyed by the Institute of Directors are opposed to a right to disconnect, citing issues with communicating with staff in different time zones and the expectation that more senior staff should be contactable at all times.
Jason Byrne, CEO at consultancy Sullivan and Stanley, notes that client-facing businesses are often required to work flexibly to suit the requirements of clients. Any policy will need to “strike the right balance between striving to protect employees’ right to disconnect and remaining responsive to clients’ needs”, he says.
Similarly, employers occasionally need to contact employees outside of regular hours due to unforeseen circumstances, such as when another member of staff calls in sick. This means that any right to switch off will need to have “sufficient flexibility” to allow employers to contact staff outside of their usual hours in some instances, Willmott says.
It is understood that the government is working with employers and any implementation of a right to switch off would recognise the differing needs of companies. It remains to be seen what approach Labour will take.
