Since the new Labour Government won a substantial majority following the UK General Election held on 4th July, they have committed to many changes within Employment Law. 

On 17 July 2024, two new employment law bills were announced in the King’s speech: 

• the Employment Rights Bill; and 

• the Draft Equality (Race and Disability) Bill. 

Further to these, Labour have made 10 key pledges which you can find out more about here: A New Labour Government - Changes to employment law.  

One key pledge is to review an increasingly popular topic on the lips of employees, and this is The Right to Switch Off.  

During the Covid pandemic it was clear that employees across the globe, and especially within the UK, embraced the benefits of flexibility around where, when and how they worked. This became the new norm for many, even after Covid restrictions lifted. 

But for many, this also came at the cost of blurring lines between work and home life. As we returned to a new ‘normal’, there was a real push from employees to maintain a better balance. For example, many employers met resistance (and continue to do so) when encouraging their staff back into the office. 

Throughout Europe, a right to disconnect has been a growing trend, originating in France. France introduced legislation in 2017, followed by countries such as Italy and Spain.  

There have been calls to introduce the right to disconnect as an EU-wide fundamental right to tackle concerns about the ‘always on’ work culture.  

More recently, Ireland introduced a new Code of Practice on the right to disconnect in 2021 which aims to create a culture of good work-life balance and break bad habits where people feel obliged to respond to messages out of hours. 

Labour’s pledge would allow employees to disconnect from work outside of normal working hours without fear of reprisal – surely this is something which people do already, I hear you ask? Well, quite frankly no – work phones are constantly switched on, with the average expected time to respond to an email around 2-4 hours even outside of typical office hours.  

Employers beware! Under the proposal changes and new policies, employees who are contacted on a regular basis by their employers outside of typical office hours/contractual or agreed-upon hours could potentially receive additional compensation if they take their case to an employment tribunal.     As with the ACAS Code of Conduct, if ignored and/or breached could increase compensation awarded to employees up to 25%, with breaches seen as aggravating factors.    The right to switch off is part of a suite of reforms to workers’ rights being introduced by Labour. Other measures include a ban on exploitative zero-hour contracts, ending fire and rehire, and boosting the minimum wage. It will also offer rights to sick pay, parental leave and protection against unfair dismissal from day one after probation. 

The policy would be implemented as part of a code of practice, designed to highlight when it would be appropriate to contact employees and workers outside of their typical working day/contractual daily hours. This will also be dependent on the different industries throughout the UK and different roles which may require a slightly unique approach.  

The Labour Government recognises that this will have an impact on business across the UK, specifically SME’s, however, ensures that the proposals and any new regulations are practical and fair. 

As these discussions continue, I would recommend that if you are an employer – you continue to review and seek clarity on the new implementations. If you need advice, call us today or make an enquiry to speak to one of our experts.