While the UK government has announced a potential pivot in their plans to implement the ‘right to switch off’ or ‘right to disconnect’, it’s clear that the policy is on the Labour government’s agenda. Already in place in other countries, it’s important to understand what this could mean for UK employees and businesses.
So how would ‘the right to switch off’ change how we work?
Long gone are the days when you’d head into the office in the morning, complete your working hours, and then head home, leaving your computer in the sanctity of the office. No laptops, no smartphones, no way of contacting you outside of work apart from the landline.
Now, if you’re working in an office role, everything you do is likely to be online.
Digitisation has come with perks - flexible working hours, remote working, and more opportunities to work from anywhere in the world. But it also comes with a price; you are contactable anytime, anywhere.
The present UK government has been considering introducing ‘the right to switch off’ to give employees legal standing to ignore work messages outside of their contracted work hours. A recent dilution of the proposed Employment Rights Bill means that proposals have been reshuffled, and the right to switch off has been delayed.
But should it be reintroduced, what will it really mean for employees? And what would it mean for businesses and business owners?
What is ‘the right to switch off’?
The 'right to switch off' (or 'right to disconnect') is the legal or policy-based entitlement for employees to disengage from work-related communications, such as emails, messages, and calls, outside of their contracted working hours without facing negative consequences.
The aim is to protect work-life balance, prevent burnout, and to ensure that employees are not expected to be constantly available - and it’s already been implemented in several countries.
France was the first country to introduce a ‘right to disconnect’ law in 2017. It requires companies with over 50 employees to negotiate policies limiting out-of-hours work messages and calls. In 2021, Ireland introduced a code of practice giving employees the right to disengage and not be penalised for doing so. Spain, Italy, Belgium, and Portugal have also introduced laws restricting out-of-hours work expectations.
In the UK, however, there is no formal legal right to switch off, though some companies have adopted internal policies promoting a healthier work-life balance.
What Does ‘the Right to Switch Off’ Mean For Businesses?
If the right to switch off is introduced in the UK, companies would need to adapt by not only implementing policies but also encouraging cultural shifts that support employee well-being and maintain productivity.
Changing culture is likely the harder of the two to accomplish, especially in industries such as finance, with a reputation for long hours and the dreaded 'emergency client calls', which can often happen out of hours.
On the face of it, ‘the right to switch off’ appears as an employee-pro change; ultimately, it gives workers more power over what their employer can or can not ask of them. However, given what we know about the importance of taking time off in relation to employee happiness, productivity, and long-term job satisfaction, businesses can also take some positives from this potential change.
We explore this below.
Would the 'Right to Switch Off’ Affect Productivity?
According to People Management, research has shown that productivity not only plateaus but actually declines after a certain point. As humans, we require rest to sustain peak performance.
The initial reason why the Labour government proposed the plans for ‘the right to switch off’ under Labour’s Plan To Make Work Pay is because flexible working and working from home had allowed for a ‘24/7 at home office’. This level of availability for work, whether it’s sitting down at your desk and completing an assignment or just replying to a work-related message, leads to higher levels of burnout - and, ultimately, less productive workers.
Employees who use their annual leave can see a productivity boost of up to 40%and a significant 28% reduction in the likelihood of taking sick leave.
Research from the International Foundation of Employee Benefit Plans shows how giving employees a mental break from working can improve the work they complete, as well as their overall health. So, it can be a commercial benefit for businesses, too.
As people take time to rest and recharge after a long day of work, it allows them the capacity to reset and come back to work the next day feeling refreshed and ready for new challenges.
Will ‘the Right to Switch Off’ Be Legally Enforceable?
Whether or not you’re keen on the proposed new legislation, the big question is: will it be legally enforceable? The short answer is no. The ‘right to switch off’, whenever it is introduced, will be a Code of Practice rather than a law.
However, employees who are repeatedly contacted by their managers outside normal working hours could be entitled to substantial compensation at employment tribunals, according to The Times. So, while violating an out-of-hours code of practice may not directly lead to legal action, it could strengthen broader claims made by employees.
How Can Businesses Approach and Utilise This Shift?
With no imminent policy change expected, it does leave plenty of time for businesses to prepare for a future ‘right to switch off’. Here are seven steps:
1. Establish clear communication policies
It’s important to set defined working hours and ensure that employees are not expected to respond to emails, calls, or messages outside these times. These should already be laid out in an employee contract when they’re onboarded (see below), but make sure your employees know what those hours are.
2. Implement ‘right to switch off’ agreements
You could also include ‘right to switch off’ clauses in employment contracts, specifying when employees should be available. Develop company-wide policies that clarify when (or if) after-hours contact is acceptable (for example, in an emergency).
3. Encourage a culture of work-life balance
One really vital element is how employees view senior stakeholders and how they’ve reacted to a culture of swtiching off’. Train managers to respect boundaries and lead by example by not sending emails outside of working hours or setting workloads that are unachievable during work hours.
Make sure you promote a results-driven rather than an always-available mindset, focusing on outcomes instead of hours worked.
4. Use technology to reduce out-of-hours work
Technology can also help you to implement work-life balance changes. For example, you can use technology to:
Introduce automated workflows to handle routine after-hours queries.
Set up ‘Do Not Disturb’ notifications on work devices to prevent unnecessary disruptions.
Introduce email scheduling tools to delay non-urgent communications until working hours resume.
5. Introduce flexible and on-call rotas where needed
For industries that need after-hours availability (such as healthcare or IT support), you can establish rotational on-call systems with clear allocations and fair compensation.
6. Provide employee training and support
Educate staff on healthy work boundaries and their rights under any new policy. Offer mental health support and resources to help employees manage work-related stress.
7. Monitor and review compliance
Regularly assess how well the right to switch off is being implemented. Use employee feedback and HR reporting to adjust policies as needed.
By proactively adapting to the right to switch off, companies can foster a healthier, more productive work environment while ensuring compliance with potential legal changes.
As a consultant, what does ‘the right to switch off’ mean to you?
As mentioned above, in theory, encouraging this policy sounds beneficial for businesses and employees alike. However, different industries or role types may find it harder to implement than others.
The 'right to switch off' may be particularly difficult to manage for someone who works on a temporary or project basis - and while the steps above can be useful to keep track of when you should or shouldn't contact people, if you're working to a short deadline, that can become tricky.
To navigate this challenge, consultants can also take several steps, similar to a company, to balance client expectations with their right to disconnect.
1. Set clear boundaries from the outset: Define working hours and availability in contracts and project agreements. Make sure you communicate expectations early, ensuring clients understand response times.
2. Plan and prioritise effectively: Use time management strategies like structured work blocks to maximise productivity during working hours. Set realistic deadlines and flag potential bottlenecks early to avoid last-minute rushes.
3. Leverage automation and async communication methods: Use email scheduling and project management tools to streamline communication. Provide clear documentation for clients to reduce the need for out-of-hours calls.
4. Introduce buffer time for urgent requests: Factor in contingency time when setting project timelines to accommodate unexpected issues. Offer limited emergency availability with an agreed-upon premium rate for after-hours work.
5. Manage client relationships proactively: Build a reputation for efficient work during agreed hours, reduce the need for last-minute demands, and regularly check in with clients to adjust expectations and prevent rushed deadlines.
What are the pros and cons of ‘the right to switch off’?
The right to switch off, which, if implemented, would grant employees legal protection from being contacted by employers outside of working hours, does have both merits and challenges.
So let’s recap the advantages and challenges for workers and businesses in the UK if ‘the right to switch off’ is implemented.
Potential positives:
Improved work-life balance.
Better mental health and well-being.
Could lead to higher productivity and focus as employees return to work more refreshed and energised, leading to better performance.
Encourages fairer work practices.
Likely to boost employee satisfaction and retention.
Promotes equality in the workplace as it helps employees with caring responsibilities or other challenges to manage work-life balance.
Potential negatives or concerns:
It could create challenges for global workforces as it could be difficult for international businesses operating across different time zones.
May reduce responsiveness in some industries such as healthcare, finance, emergency services, and IT support.
Difficult to enforce and regulate.
Potential productivity issues, for example, restricting after-hours work, could slow down project delivery, particularly in high-pressure industries like consulting and law.
May impact the self-employed and freelancers - consultants and freelancers may struggle to set boundaries with clients while maintaining competitiveness.
Employer resistance and cultural shifts.
Overall, the right to switch off could greatly improve employee well-being and work-life balance, but it also presents challenges for businesses that rely on flexibility and rapid response times.
Does the UK need a work culture shift?
Since the pandemic, we’ve already seen a huge shift in the way the UK (and the world) works. This shift has been a huge learning curve for many people and businesses, as we’ve had to adapt faster than ever to change. And it’s not just due to the COVID-19 pandemic; as we see newer and more adept technology coming out, we’re able to work in new ways.
Messages and transactions can happen instantaneously. Projects can have stakeholders from all over the world. You don’t need to be in the same room as someone to work together anymore.
But with these advancements has come an increasing blur between work and personal life. The expectation of being constantly available - whether through emails, instant messaging, or video calls - has led to rising concerns about burnout and work-life balance.
The introduction of a ‘right to switch off’ could signal a major cultural shift in how we approach work in the UK, and if adopted here, this could reshape expectations around availability, encourage healthier boundaries, and push businesses to prioritise employee wellbeing.
However, questions remain about how such a right would be enforced and whether it would be feasible across all industries. For some sectors, particularly finance, private equity, and tech, where long hours and out-of-hours availability are often seen as part of the job, adapting to this shift could prove challenging.
Ultimately, the ‘right to switch off’ isn’t just about regulation - it’s about a wider conversation on the future of work. As technology continues to evolve, so too must our understanding of what a sustainable work culture looks like.
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