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.

What is the new duty? From October 2024, there will be a new duty on employers to take reasonable steps to prevent sexual harassment in the course of employment. A key difference is that this duty is a preventative duty, so requires proactive consideration by employers of steps to be implemented to protect staff.  How is sexual harassment defined? In the Equality Act 2010, sexual harassment is defined as: 'unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual' What action could be taken? A claim for breach of this duty cannot be brought as a standalone claim. However, where an individual is bringing a claim for sexual harassment, an Employment Tribunal can apply a 25% uplift to any overall compensation being awarded.  The Equality and Human Rights Commission can also investigate breaches of this duty and if appropriate take enforcement action against employers.  How to comply with the new duty? Consideration should be given to the following guidance points: Employers should demonstrate they have carried out an active review of existing relevant policies and procedures.  Conduct an audit to identify measures that are not currently in place, but which should be implemented. For example, regular adequate and appropriate training sessions on sexual harassment.  Undertake risk assessments to identify situations, where sexual harassment may take place and take proactive steps to prevent sexual harassment taking place. This risk assessment should include consideration of sexual harassment by an organisation's own staff and by third parties.  Review the processes in place for responding to complaints of sexual harassment. Have managers and HR been appropriately trained? Consideration of any previous sexual harassment complaints and identifying if additional steps need to be put in place. Have learnings been implemented? Setting up a process to review the effectiveness of measures put in place.  If you would like support with getting ready for this new duty, get in contact with us today.