Changes in work: the right to switch off

By Nicola Pease, Lead Principal Consultant

With the publication of the Employment Rights Bill, it was anticipated that the right to disconnect would be one of the raft of new rights for employees. However, it seems that this particular element of the legislation will instead be progressed through a Code of Practice. Although it will not become a statutory right, it remains a key pillar of Labour’s plan to Make Work Pay. In this article, we’ll explore what it’s likely to mean for employers and workers, and how best to prepare.

Switch off to power up?

The government’s intention behind this new Code of Practice is to improve productivity and morale and promote work-life balance. The commitment is set out as follows:

“We will bring in the ‘right to switch off’, so working from home does not result in homes turning into 24/7 offices. We will follow similar models to those that are already in place in Ireland and Belgium, giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.“

Certainly, advancements in technology and the increase in hybrid working arrangements contribute to an ‘always on’ culture – where employees feel they are expected to be available and contactable outside of their working hours. A recent study by IOSH found an ‘epidemic’ of long working hours within the UK, and additionally found that 52% of respondents regularly check work related messages and emails outside of working hours, and 39% check and respond to work related messages whilst on annual leave.

This blurring of boundaries between work and outside-work life is what the government is seeking to address, and we at Timewise welcome the Code of Practice to help tackle what is a current and pressing wellbeing issue. Whilst some are concerned about a negative impact on productivity, we ascribe to the belief that well rested, healthy employees, who have protected time away from work, are likely to be more engaged and productive when they are working.

What can we learn from elsewhere?

It appears the government are taking a similar approach to Ireland, which has an established a code of practice. This requires employers to come up with practical arrangements for guaranteeing periods when employees aren’t contacted and sets out obligations for time recording to demonstrate this.

Others including Australia, have also implemented their own formal right to disconnect from work, giving workers the right to refuse to monitor, read or respond to work-related communications without fear of dismissal or reprisals.

The language in Labour’s new deal suggests that they recognize that a ‘one size fits all’ approach won’t work on this – and that each workplace will be required to work out their own response to the new right, and how it can be implemented. In our experience, this seems sensible given the range of organisations and roles that will be impacted. Those organisations who genuinely engage their employees on this and work together to find the ‘win-win’, are the most likely to see positive shifts on organisational culture and behaviours. However, it’s unclear how employers are to be held accountable for upholding their responsibilities. We’d like to see the Code of Practice setting out clear requirements for monitoring and reporting to ensure it has an impact.

Practically, what are the implications for my workforce?

At Timewise, we support organisations of all shapes and sizes to innovate their working practices and design and implement new, flexible, ways of working. Our work focuses on finding the ‘sweet spot’ where the needs of the organisation and the needs of individuals can both be achieved. It involves being willing to look afresh at working practices and being willing to try something new. Co-designing solutions with managers and teams is our proven approach to achieving flexibility that works for all.

Here are 4 things you can do to reduce digital presenteeism:

If you’re looking at your current workplace and can see that digital presenteeism and out-of-hours contact are regular occurrences, here are five things you can do:

1. Engage your leaders as role models for an organisational commitment
   
   In any organisation, behaviours are driven from the top down. If a leader within the organisation contacts a more junior team member out of hours, they are highly likely to feel that they ought to respond / undertake the work.
   
   Help your leaders to understand the impact they have and encourage them to role model healthy boundaries and talk about the value of time away from work with their teams. Your leaders and managers need to be visibly living your organisation’s commitment on this.

2. Explore what’s driving the out of hours contacts
   
   Are workers trying to demonstrate their worth by working long hours or at anti-social times? Is it driven by poor organisation and planning, or excessive workload?
   
   Is it part of a general organisational culture, or is it confined to ‘hot spots’ of teams or roles where out of hours contact has become a particular issue?
   
   Working out what’s driving regular out of hours contact of colleagues and team members can enable you to call it out and explore the impact it is having on colleagues’ health and wellbeing. What data do you have on absence or engagement for the teams who are ‘always on’? Does this help you build a case for change?

3. Explain how to switch off when you work flexibly – and how to enable your colleagues to do the same
   
   We have heard concerns from employers that the right to switch off could contradict or impede the right to work flexibly. Whilst the detail of the Code of Practice is not yet known, this will certainly not be the intention. It is likely to be down to employers to set up monitoring arrangements that work for their people – and within this to ensure that flexible arrangements are accounted for. Where you have team members who work flexibly, outside of the traditional 9-5, more thought will need to be given to communication and scheduling of messages. We can all do a lot by being mindful of the recipients of our emails before we send them, and considering how it’s likely to fit with their working patterns. Practices such as explaining in your email that an immediate response isn’t required, and/or scheduling emails to be sent at more sociable times, can go a long way. For teams who operate over multiple time zones, this considerate approach to asynchronous working times is second nature. The ability to mute or pause notifications can also have a significant impact, enabling employees to access communications at a time that suits their own working pattern.

4. Work with your teams to consider client needs
   
   In businesses where client contact happens without regard for working hours or times, there may be tension between giving employees the right to switch off and maintaining client relationships. The reason for the contact, its urgency and the nature of the employee’s role will all need to be considered here. Can cover be provided within the team by forwarding mails to a central out-of-hours email? Can employees be compensated to remain available after-hours at key points in a project? Working as a team to manage client expectations and ensure that no one individual is a single point of contact, can help.

In conclusion…

The introduction of a Code of Practice provides an opportunity for managers and employees to revisit working patterns and arrangements, and ensure that they are working for individuals and enabling them to deliver productively in their roles. The right to switch off won’t automatically kick in at 5pm Monday to Friday in all cases – it’s about identifying what is reasonable and practical and ensuring the organisation’s culture and systems are set up to support this, and to harness the wellbeing and productivity benefits which will result.

Published October 2024

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