Labour's Plan to Introduce the Right to Disconnect

Background to this right

Particularly following the increase in flexible working, it has been recognised that the line between work life and home life has often become blurred. This can result in health implications such as burnout and affect productivity. It is expected that the government will be introducing this new right, which Labour described in its green paper as follows: "the ‘right to switch off’, so working from home does not result in homes turning into 24/7 offices."

What does switching off/disconnecting mean?

This means enabling staff to disengage from work related communications outside of their normal working hours. 

What model could be implemented in the UK?

Rights of this nature already exist in a number of European countries.  It has been indicated that the model in the UK would be similar to those already in place in Ireland and Belgium. Ireland has implemented a code of practice which sets out that employees shouldn't have to routinely work outside of their normal working hours and that there is a duty to respect another's right to disconnect by not routinely emailing or calling outside of normal working.

An employee is not able to bring a stand alone Employment Tribunal claim, but an Employment Tribunal can take into account a breach of the Code by an employer. The model in Belgium applies to companies that employ 20 or more people and allows certain organisations to opt out. 

The government has not confirmed its plans or when it will be implemented. However, it is expected that the emphasis in the UK will be on employers developing right to disconnect polices with their staff. It is also expected that a code of practice setting out best practice (similar to other ACAS Codes of Practice) will be introduced, which employers will be expected to follow. 

If you would like support with getting ready for this new right, get in contact today.