The 'Right to Switch Off'

18th October 2024

Employment law, Newbury, Berkshire.

Photo Credit: Labour Party

The Labour Party’s Manifesto included a promise to introduce a 'right to switch off' for UK workers. Recently, government sources revealed to the BBC that ministers are exploring how this new right will be structured. One proposal being considered is the introduction of a formal code of practice around the right to disconnect. If an employment tribunal finds that this code or any relevant agreements have been breached, it could potentially lead to increased compensation in other claims.

For most people working regular office hours (as opposed to shift work), their working hours, including start and finish times, are clearly outlined in their contract of employment. Senior employees, however, are often expected to work beyond these core hours when the needs of the business demand it. This is especially true for those in high-pressure roles, such as public office, where handling urgent matters outside of typical hours may be necessary. Labour leader Keir Starmer himself acknowledged this, noting that while he aims for a 6pm finish, exceptions will occur when required. From an employment perspective, this aligns with many contractual obligations.

There's another important consideration – religious observance. For example, some Jewish employees observe the Sabbath, which requires stopping work before sundown on Friday and refraining from work until sundown on Saturday. Depending on the season, this can lead to requests for an early finish on Fridays. Employers should take the underlying reasons for such requests into account. If driven by religious observance, a blanket refusal could lead to claims of discrimination. Employers are encouraged to work collaboratively with staff to find a mutually acceptable solution.

We will have a clearer picture of the legal direction once Labour's plans for a statutory 'right to switch off' are officially put forward for consultation. This will provide more insight into the extent employers may be required to adapt in terms of employee availability outside core working hours.

If you have any questions about how the 'right to switch off' could impact your business, or if you're seeking guidance on best practices for accommodating employee needs, contact our Employment Team on 01635 896336 or hello@fentonelliott.co.uk today.

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