The ‘right to switch off’ has become a talking point for UK employers, especially since the trend towards hybrid and remote working has blurred the line between work and home. While it can be tempting to contact your employees outside of office hours to keep things moving, doing so carries potential legal and well-being risks that, in the current environment, you cannot ignore.
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What Is The ‘Right To Switch Off’?
Often referred to as the ‘right to disconnect’, the right to switch off is about employees being able to disengage from work outside of their normal working hours without fearing that they will be penalised for doing so. In practice, this means not feeling pressured to check emails during an evening or respond to WhatsApp messages sent when the employee is not at work.
Is There A ‘Right To Switch Off’ Under English Law?
At the moment, there is no standalone legal ‘right to switch off’ in England. However, that does not mean that you can simply ignore the issue.
Existing rules around working time, rest breaks, and health and safety already require employers to avoid placing employees under excessive stress, and breaches can lead to legal claims. Tribunals are likely to take a dim view of employers who ignore their employees’ well-being and nurture a 24/7 working culture, so taking proactive steps towards protecting your employees from overwork is crucial.
How Can Employers Support Their Employees’ Right To Switch Off?
For a small business, a few practical, well-communicated changes can have a big impact on working culture. Just a few examples of the types of measures you could consider include the following:
- Set out your expectations in writing. For example, you might include provisions in your employment contracts addressing out-of-hours contact.
- Lead by example. Communicate to your management team that they should avoid sending emails late at night unless it is absolutely necessary. Make it clear that, if they must send such emails, they should tell the employee that no response is expected until office hours resume.
- Use technology wisely. Technological advances have meant that we can remain connected 24/7. However, just because we can, it does not mean that we should. Encourage your employees to turn off their notifications outside of working hours. If you are working late, consider setting your emails to be delivered the next working day, or using footer messages informing recipients that you do not expect immediate replies.
- Clarify genuine emergencies. Of course, there will be times when contacting employees out of hours is unavoidable. To protect yourself from complaints in urgent situations, you should consider defining what counts as ‘exceptional circumstances’ that warrant out-of-hours work, so that everybody knows where they stand.
How Can GAP HR Help?
At GAP HR, we pride ourselves on helping owner-managed businesses navigate changing expectations and emerging HR trends without losing sight of their commercial goals. When it comes to the ‘right to switch off’, examples of the types of support we frequently provide to our clients include the following:
- Designing a tailored ‘right to switch off’ policy that fits how your business actually operates, rather than copying a generic precedent from the internet that may go too far or not far enough.
- Reviewing your contracts of employment, handbooks, and working time arrangements to check for risk areas, such as excessive hours or unclear expectations about availability.
- Coaching managers on how to manage out of hours contact, flexible working, and remote teams in a way that is fair, lawful and realistic for a small business like yours.
- Providing clear, scenario based advice when issues arise, for example, where an employee complains about being contacted on leave or raises a stress related concern.
An ‘always on’ culture is not just a big corporate problem; it also affects small businesses where everyone feels personally responsible and wants to help. A key strength of owner-managed businesses is that they often have support from a small, tight knit team that is willing to go the extra mile to get the job done. By taking your employees’ ‘right to switch off’ seriously, through clear expectations, sensible policies and supportive leadership, you can reduce the risk of facing Tribunal proceedings and build a healthier, more sustainable business. You will also be better equipped to respond to any change in the law that may arise in the future.
At GAP HR, our mission is to keep small employers Tribunal free while helping them get the best from their teams. Increasingly, that means implementing policies and procedures around contact and working time. If you would like to talk about how to introduce or improve a right to switch off in your own business, partnering with GAP HR gives you access to a practical, experienced guide to walk you through each step.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
