Future of Work: New government prioritises employee wellbeing with “right to switch off” policy discussion

By Peter Workman

The recent announcement by the new government about the potential introduction of a “right to switch off” sends a clear signal that employee wellbeing is high on its agenda. The proposal is to give workers the right not to be routinely contacted by their employer or required to work outside of their normal hours. If implemented, such a move would bring the UK into line with countries like Ireland and Belgium, where comparable policies have already been adopted. This announcement, made early in the term of a newly elected government, shows the growing acceptance of the need for wellbeing measures in a society permeated by technology. The announcement also makes explicit the link between workforce wellbeing and economic growth.

Owing to technological advances and the resulting shifts in working culture, the lines between work and home have become ever more blurred – most of all since the pandemic, which saw the mainstreaming of flexible working and virtual meetings. In this climate, the proposed right to switch off is more than just a legal safeguard. It would represent a cultural shift based on the acknowledgment that work-life balance must be actively protected in a world where technology can tether employees to their jobs 24/7. The aims put forward in the announcement are not merely negative (reducing stress, preventing burnout) but include positive goals such as increased motivation and productivity.

The new government is wisely looking beyond the UK to develop the policy. It is considering measures taken in Ireland (where a Code of Practice mandates that employers engage with workers on the “right to disconnect”) and Belgium (where employers must enter agreements in this area with employees).

How might implementation work in practice? As the government acknowledges, a flexible approach will be needed. There are major variations in culture, expectations and practical needs across different industries and roles, and a “one size fits all” approach is not possible. Sectors with high pressure working environments (such as commercial law) might find it particularly challenging to embrace such a change. In the law, there is a widespread culture of long working hours and the expectation of constant availability to maintain client relationships and meet tight deadlines. If a right to switch off were made mandatory, in a prescriptive manner, one can foresee resistance and workarounds from legal employers and employees alike, with many in the latter group being concerned by the risk to their career progression.

There is also a question as to how enforcement would work. Clearly there will need to be a meaningful mechanism, but careful thought is needed to achieve a viable model that does not lead to a proliferation of disputes and a strain on both the legal system and workplace relationships. The ultimate remedy is likely to involve employees taking employers to tribunal if the right to switch off is breached. This may be a necessary final recourse, but the route to an actionable claim is not yet fleshed out. Once again, the government will need to take a nuanced and flexible approach. It will be imperative to avoid the development of an adversarial dynamic between employers and employees, for this would be the opposite outcome to that advertised in the government’s announcement.

To avoid such pitfalls, the government will need to work closely with industry leaders. Sector-specific adaptations will need to be worked out and adopted, to maintain the spirit of the policy while acknowledging practical realities. One can therefore foresee an arduous and potentially lengthy process for policymakers.

However, whatever challenges may exist at the level of detail and implementation, there can be no doubt that the high level aims of such a policy are laudable and that the introduction of this topic into the our public discourse is a positive development. Employees who can genuinely disconnect from work are likely to experience lower stress levels, better mental health, and improved job satisfaction. This does mean enhanced productivity, as well as lower turnover rates and a more engaged workforce.

So the government’s commitment to exploring and potentially implementing a right to switch off is a welcome step. By looking to models from Ireland and Belgium, and acknowledging from the outset that one size will not fit all, the government is demonstrating a thoughtful and informed approach. Such a policy, if implemented with enough care and flexibility to take account of all the challenges and variations across myriad sectors and roles, could be transformative for employee wellbeing, work-life balance, and productivity. The challenge, from this point onward, will lie in getting the detail right. We will watch with interest.

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