Could the right to switch off risk your job?

Soon UK workers will have the legal right to disconnect and ignore work-related calls and emails when not at work. They may also be entitled to thousands in compensation if they are contacted outside of their normal working hours.

This comes as the Labour government announced its proposal for the “right to switch off” as part of its New Deal for Working People plan to improve the lives of the UK’s employees.

But while this new plan can be beneficial for workers, others have shared concerns about flexibility and the risk of businesses relocating overseas if services become harder to deliver.

What is the “right to switch off”?

The “right to switch off” was introduced by the UK government earlier this week, allowing employees to disconnect from work outside of hours and refuse extra work during weekends.

The UK isn’t the first to propose this plan. Countries like Ireland, Australia, France and Belgium already have existing laws in place that give employees the right to disconnect after work. For example, Ireland’s Code of Practice emphasises that employees shouldn’t be expected to regularly check emails or take phone calls after work, nor can employers penalise them for ignoring work-related contact outside working hours.

There have also been reports that employees could take their bosses to a tribunal if conditions under the plan are breached, such as consistently contacting them after their agreed working hours. If successful, workers could be entitled to financial compensation.

The plan could improve employee productivity

Downing Street has stated that the right to disconnect from work is key to productivity and could boost the UK’s economic growth.

The prime minister’s deputy spokesperson commented: “This is about ensuring people have some time to rest.

“Good employers understand that for workers to stay motivated and productive they do need to be able to switch off, and a culture of presenteeism can be damaging to productivity.”

Known as the Great Detachment, the UK was reported to have one of the worst-ranked workforces for employee engagement globally. Moreover, Prime Minister Keir Starmer also blamed presenteeism culture for the country’s productivity crisis, stating that businesses must “find a balance of making the most of the flexible working practices [and] having appropriate arrangements in place to ensure that people can stay productive.”

By allowing employees to disengage from work outside hours, the government believes they can recharge more effectively, in turn leading to greater productivity when they’re back at work. It further emphasised that it isn’t intended to impose the same policy across all sectors, but to recognise the diverse needs of different businesses and roles.

Christine Caffrey, Senior Associate in the Employment Team at SA Law, stated that the increase in hybrid models and remote working has “led to the boundaries between home and work life becoming more blurred than ever”.

“If employers want to get ahead of these changes, it would be a good time to evaluate existing working practices and expectations around working out of hours,” she added. “In a positive shift, more employers than ever have taken steps to place greater emphasis on employee wellbeing, which the right to switch off is intended to support.”

But it could be risky for business flexibility

The government’s plan to impose the right to disconnect has obvious advantages for employees. However, Ross Meadows, Partner at Oury Clark Solicitors, commented that “businesses that rely on round-the-clock availability will find these laws restrictive”.

“If the new proposed law allows, it could lead to less flexibility in the workplace with businesses increasing their employee’s normal hours of work per day to ensure that all necessary tasks and communications are completed within the designated workday.”

Meadows also added that the plan could lead to an increase in employment tribunals. “Courts may need additional resources or reforms to handle the potential rise in cases effectively.”

Simon Roderick, Director at Fram Search, stated that while he isn’t against the right to switch off, the legislation will need “careful drafting”.

“About 80% of the UK economy is ‘service-based’ so if service becomes harder to deliver, firms may look to relocate their operations to more flexible regions.”

As the government only announced these plans recently, further information is yet to be released. While it claims that the plans won’t be a “one size fits all” approach and would recognise different companies and roles, the devil will be in the details. Once the plans are distributed, businesses will have a clearer picture of how it’ll work and how it can tackle the UK’s ongoing presenteeism culture and engagement crisis.