Right to switch off would boost productivity – No 10

Published: 29 August 2024 | by: Personnel Today

Downing Street has commented on the Government’s plans to introduce a ‘right to switch off’ adding that it could boost productivity by allowing people time to rest.

Ministers are looking at right-to-switch-off policies in other countries with a particular focus on Ireland and Belgium.

A spokesperson for No 10 said the right was to make sure “we’re not inadvertently blurring the lines between work and home life”.

Yesterday, reports suggested that the right to switch off could be introduced through a code of practice, similar to the Acas code of practice on disciplinary and grievance procedures. Where an employment tribunal finds that an employer has not followed the Acas code, compensation awards are uplifted accordingly.

The code of practice on a right to switch off could create a framework for employers to agree a policy with their employees around when it is and is not acceptable to make contact outside normal working hours.

While it is not expected that breaching the policy might form the basis of a tribunal case in itself, any breach could lend weight to another claim, for example for unfair dismissal or breach of contract.

“This is about ensuring people have some time to rest,” the prime minister’s deputy spokesperson said.

“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.”

She continued: “It’s obviously one of the central missions of the Government to support growth, and we know that productivity is vital to growth.

“It’s about making sure we have the right balance between making the most of the flexible working practices that we saw following the pandemic with also having appropriate arrangements in place to ensure that people can stay productive in light of that.”

The Government plans would not be “one size fits all” and would recognise that businesses vary and employees have different roles. They would also take into account employer size.

Ben Willmott, head of public policy at the CIPD, said: “It is important that any new ‘right to switch off’ is introduced with sufficient flexibility to enable employers to contact employees outside normal working hours where unforeseen circumstances require this, for example, due to sickness absence.

“It seems most likely the Government will introduce this new right through a code of practice, which should allow employers to develop approaches which work for both them and their staff. There will be different demands for this type of flexibility depending on the sector and the nature of people’s jobs, which would need to be recognised in the code of practice. 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.

“Employers will need to ensure they have clear policies which are aligned to any new code, clarifying the circumstances where managers can and cannot contact staff outside their usual working hours.”

Right to switch off in Ireland

Since April 2021, Ireland’s Workplace Relations Commission code of practice sets out best practice and practical guidance for employers, employees and trade unions on the “right to disconnect”.

This refers to employees’ right to disengage from work and work-related emails, telephone calls or other messages outside normal working hours. It has three main components:

• A right not to routinely work outside normal working hours.
• A right not to be penalised for refusing to do so.
• A duty to respect another person’s right to disconnect.

The right to disconnect derives from existing Irish legislation on working time and health and safety.

Failure to comply with the code of practice is not an offence but the code is admissible before a court or the WRC.

Right to switch off in Belgium

Employees in Belgium also have a general right to disconnect. Since April 2023, employers with at least 20 employees must abide through formal written provisions in a company-level collective agreement or in the employer’s internal works rules.

As a minimum, the provisions must cover:

• Practical ways in which employees can exercise their right to disconnect.
• Instructions on the use of communication devices to ensure rest periods, leave and private life are respected.
• Training on the sustainable use of email, phone calls and messages and the risks of excessive connection to work.