The ‘right to switch off’ is a proposed policy that would allow workers to completely disconnect from work outside of their scheduled working hours, and to not be contacted by their employers. This may also mean that there is no expectation to respond to messages, emails, or calls once the workday is over. While the concept is clear, how it will be implemented in practice remains to be seen.
It is anticipated that a new Code of Practice will accompany the new ‘right to switch off,’ offering guidance to employers. Although an employer’s non-compliance with the Code may not lead to a standalone employment tribunal claim, it is thought that breaches of the Code could result in a 25% uplift in compensation for other successful employment claims.
What do employers need to think about?
- Monitor employees’ workloads and ensure work is proportionately allocated.
- Encourage steps that support employees’ ability to switch off (e.g. encourage the use of email footers which set out an employee’s working days/hours or which state that they do not expect a response outside working hours).
- Provide training on mental health awareness on how to disconnect.
- Consider putting in place a right to disconnect/switch-off policy. Although not a requirement (yet), this could be helpful in setting out your expectations.