I wonder what the "right to switch off" means for businesses and how it should be implemented?

The concept of the "right to switch off" has increasingly gained traction in the UK, driven by both employee demand and evolving legal frameworks across Europe. The term refers to an employee’s ability to disconnect from work outside of regular working hours, particularly in an era of flexible working and widespread technology use that has blurred the boundaries between work and personal life. While this right has not been fully laid out in UK law yet, the newly elected Labour Government has expressed plans to address the issue.

In Mental Health UK’s Burnout Report 2024, statistics showed that 91% of adults experienced high or extreme stress in the past year with one in five workers needing to take time off due to their poor mental health.

In this article, we explore what the "right to switch off" means for businesses, its potential implications by the Labour Government, and how employers should approach its implementation.

The Evolution of the “Right to Switch Off”

The right to disconnect emerged prominently in Europe, with France being the first country to introduce legislation in 2017, granting employees the legal right to ignore work emails after hours. Other EU countries, including Italy, Spain, and Belgium, have followed suit with similar laws aimed at protecting employees from the expectation of being constantly available.

In the UK, there is no explicit legal framework for the right to switch off. However, the idea has gained significant attention as work-life balance becomes a higher priority for employees. Recent shifts to remote and hybrid working models, accelerated by the COVID-19 pandemic, have increased the focus on employee wellbeing, leading many to consider whether the UK should adopt similar provisions.

The Labour Government’s plan to Introduce the Right to Switch Off

During the 2024 General Election campaign, Labour highlighted a growing concern over employees’ mental health and the impact of technology on work-life balance. The Labour Government are committed to introducing a "right to switch off" as part of their broader focus on workers’ rights and wellbeing. Under these proposals, employers would be required to respect employees’ working hours and ensure that workers are not expected to answer calls or emails outside of those hours unless they are being compensated for overtime.

Labour’s aim is to improve work-life balance for millions of employees, especially those in sectors where technology enables around-the-clock availability, such as professional services, finance, and tech. The Government’s approach reflects policies already in place in countries such as Ireland and Belgium, where the right to disconnect is part of broader employment law protections.

Right to Switch Off Models from Ireland and Belgium

Ireland introduced a formal Code of Practice on the Right to Disconnect in April 2021. This code is not legally binding, but it provides strong guidance for employers and employees. The main elements include:

1. Right to Not Engage: Employees have the right to disengage from work outside normal working hours, without facing negative consequences.
2. Duty to Respect Boundaries: Employers must respect employees' boundaries and ensure that no one feels pressured to engage in work-related tasks after hours.
3. Clear Expectations: Employers are encouraged to outline clear communication expectations and work hours in their policies.

This model is more of a preventative measure to ensure work-life balance and relies on promoting good practice rather than imposing strict legal penalties for violations.

Belgium adopted a more structured approach in January 2022, requiring companies with more than 20 employees to establish clear policies around out-of-hours communication. Key aspects include:

1. Mandatory Consultation: Employers must consult with employees or unions to establish formal policies on disconnecting after hours.
2. Policy Requirements: These policies should clearly define when employees can be contacted outside normal work hours and must be agreed upon collectively.
3. Legal Compliance: Belgium’s model has stronger legal backing than Ireland’s, with requirements for companies to put policies in place, ensuring transparency and protecting employees from work encroaching on their personal time.

Both models aim to protect employees’ work-life balance, but Belgium’s model leans more on mandatory policy creation, while Ireland focuses on promoting best practices.

What does this mean for employers?

If the Labour Government’s right to switch off legislation is passed, businesses in the UK would need to adapt their practices and policies to ensure compliance. This will likely involve revisiting employment contracts, working hours, and communication policies. Employers may also need to re-examine how technology is used in the workplace to prevent employees from feeling pressured to be constantly available.

The legislation is also expected to intersect with existing laws, such as the Working Time Regulations 1998, which already set maximum working hours and rest periods. A new legal right to disconnect could reinforce these protections and offer employees more power to challenge unreasonable expectations around out-of-hours communication.

Conclusion

With the Labour Government’s intention to introduce the right to switch off, UK businesses should prepare for a potential shift in employment law. Although this legislation is not yet in place, employers can start implementing practical measures to manage out-of-hours communication and protect their employees' wellbeing. By taking proactive steps to clarify expectations, create disconnect policies, and foster a supportive workplace culture, businesses can stay ahead of legal developments while benefiting from a more engaged and productive workforce.

Although there is currently no guidance in place as to these changes, our Peace of Mind Team will ensure to keep all our clients up to date and our Document Audit Team can help draft or amend relevant policies. Contact our employment law team by emailing employment@warnergoodman.co.uk or by calling 023 8071 7717.