New 'right to switch off' work regulations could allow employees to ignore bosses after hours

Ministers are considering pioneering new rules to protect individuals from being overwhelmed by work-related demands outside of their working hours.

"Right to switch off" regulations could provide employees with enhanced rights to decline requests to work during their leisure time. Downing Street this week suggested it would enhance productivity and motivation, and ensure people have time to rest amid escalating concerns of burnout.

At present, there are no laws preventing employers from obliging their staff to work beyond their regular hours. Ministers are examining countries that do have such legislation, including Ireland and Belgium, for inspiration as they formulate plans.

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If the new measures are implemented, companies will be expected to have agreements with staff in place - and could face hefty payouts if they violate them.

Labour has expressed its desire to "promote a positive work-life balance for all workers" in order to foster a "more productive and motivated workforce". It is one of the concepts being considered as part of a package of workers' rights reforms being supervised by deputy PM Angela Rayner, reports the Mirror.

What does the 'right to switch off' entail?

The right to switch off essentially aims to prevent individuals from being compelled to work outside of their designated hours or while on holiday. Currently, there are no laws in place to prevent bosses from enforcing this, but other countries do have such legislation.

The Government is expected to implement new legal protections that will prevent people from being penalised for not performing tasks while they're off the clock. This is in response to growing concerns over how work is intruding into personal time, increasing the threat of burnout.

Officials are reportedly creating a code of practice that will define standard working hours and specific conditions under which employees should be contactable. Employers who consistently violate this could end up facing hefty compensation fees if the matter escalates to a tribunal.

Responding to queries, a spokesperson for Keir Starmer commented on Monday: "This is about ensuring people have some time to rest.

"Good employers understand that for workers to stay motivated and productive they do need to be able to switch off, and a culture of presenteeism can be damaging to productivity.

"The focus behind that is on improving productivity. Good employers understand that for workers to stay motivated and productive they do need to be able to switch off and a culture of presenteeism can be damaging to productivity.

"So it's about making sure we have the right balance between making the most of the flexible working practices that we saw following the pandemic, with also having appropriate arrangements in place to ensure that people can stay productive."

Will there be payouts?

The new regulations are still being drawn up but it is anticipated to grant workers who have been wronged the right to substantial compensation payouts. Earlier this week, The Times reported that breaching out-of-hours rules is unlikely to lead to successful legal action on its own, but could be an aggravating factor in wider claims.

The newspaper detailed the possibility of several thousand pounds being added to compensation amounts if an employer is challenged at a tribunal. A Government source commented: "It has to be specific to each workplace and therefore it has to be something that businesses and their workforce agree among themselves rather than a diktat and we're conscious of the disproportionate impacts of these sorts of policy on smaller businesses."

Where else does it?

The UK Government is reportedly examining approaches taken by Ireland and Belgium, with eyes keenly fixed on systems set in place. In 2021, Ireland introduced its own Right to Disconnect regulations, mandating employers to consult with their employees and unions to define clear guidelines for after-hours communication.

The Irish Congress of Trade Unions remarked: "When the occasional intrusion on a worker's personal time becomes the norm, it becomes a health and safety concern. An overtired worker is a danger to themselves and others."

In Belgium, it's a legal necessity for companies with over 20 employees to have such an agreement in place. Meanwhile, France has even stronger laws, introduced back in 2017, which could see companies facing substantial fines or even jail time if they fail to establish an agreement with staff regarding out-of-hours contact rules.