Right to Switch Off

Labour seems keen to deliver on their manifesto pledge to introduce the right to disconnect in the UK.

We discussed the UK’s position on the right to disconnect in our May HR Coffee Connect Breakfast and it now looks like the UK will follow the example of France, Italy and other countries to grant employees greater protection from work intruding into personal time.

The Times newspaper reported yesterday that the government is currently considering how the right will operate and potentially its introduction via a Code of Practice.  Although it seems this would not provide a free standing right to bring an employment tribunal claim, it would essentially make breaches of the right to disconnect (or the “right to switch off” as the article describes it) an aggravating factor when considering awards of damages, presumably in the same way that the ACAS Code of Practice on Disciplinary and Grievance Procedures operates now.

If that is the route the government choses, employers could be looking at significant uplifts.  Breaches of the ACAS Code of Practice on Disciplinary and Grievance Procedures can result in compensation uplifts of up to 25%.  However, details of the way in which any Code will operate, remain to be seen.  The Times reports that penalties would apply for repeated breach of agreements on out of hours working, which suggests some form of workplace agreement will be required.  It’s certainly going to make working practices more interesting, and potentially less flexible for some  – with employees having to be mindful when sending emails if others are not working even if they are.

Although employers will need to wait for the details it would be sensible to start taking steps to educate the workforce and encourage complaint workplace practices.   I suspect my email footer will change to include an “I don’t expect an out of hours response” disclaimer….

What will you be doing?

Author