What happened to the ‘right to switch off’?

The consultation period with business groups over the new Employment Rights Bill has led to the ‘right to switch off’ from contact outside of work hours being removed from the latest version.

Originally, the new protection for employees had been part of the Labour Party’s manifesto, with the government aiming to follow in the wake of countries like Ireland, Belgium and Australia in providing more clarity of when staff should be engaged in work duties. It had been argued that the measure would prevent the blurred lines between home and work lives, prevent presenteeism and improve productivity.

A protection too far

Commentators have suggested that at a time when organisations are being asked to contribute more via National Insurance contributions and the National Minimum Wage, employers still want to be in a position to ask for more in return from their people.

Leaving out-of-hours working as a grey area will continue to be a problem for employee health, say others: not formally acknowledged as overtime, but still expected. A research report by Owl Labs last year suggested that only 20% of employees felt comfortable with challenging after-hours requests.

Recognising the realities of work

EAPA UK chair, Karl Bennett said: “There’s no evidence from the recent decade or more of digital working, with smartphones acting as a constant link with workplaces, that people have benefited in terms of their experience, their levels of stress, burnout and overall mental health. And in turn, where’s the evidence that the blurring between work and home has led to increases in engagement, motivation and productivity?

“So while it’s reasonable for employers to want to avoid limits on the contribution from their staff, they should be looking at the bigger picture of wellbeing and productivity. We know that when people feel out of control of their work routines, it’s a recipe for stress and burnout. Those feelings can’t be patched up with wellbeing benefits or access to professional services from an EAP — employers need to recognise how everyday work routines and job design affect people. A ‘right to switch off’ would be a clear signal that employers acknowledge the importance of balanced lives and wellbeing.”

Revealed: why the UK is among the worst performers in Europe for workplace health

Looking at data from 14 other European nations, the UK’s workforce has one of the highest rates of long-term ill-health and disability. Around one in five people of working age have ‘health limitations’.

The research, carried out by the Institute for Employment Studies, highlights the critical role of the Covid-19 period in changing the picture of employee health. Between 2018 and 2022, the likelihood of people aged 16-24 with ill health being out of work more than doubled. The number of workers aged 55-64 being out of work also increased, while in most other European countries the figures fell.

Fixing health tactics

The research authors call for a package of integrated measures to help people to stay well while in work. Recommendations include more limits on working hours, incentivising employers to demonstrate improved workplace health, increasing levels of sick pay (linked to individual wages), improving OH services, adaptation grants for workplaces and greater access to expert advice around wellbeing at work more generally.

Prof

EAPA UK chair, Karl Bennett said: “The UK has, for some time, suffered by comparison with other nations when it comes to getting people with long-term health conditions to get back into work — the kinds of work that can be so important in supporting wellbeing, through providing both financial rewards and a sense of belonging and fulfilment.

“The pandemic years have clearly only exaggerated and exacerbated some of the inherent problems in workplaces. We need more recognition for what makes for the essentials of ‘good work’: not quick fixes, but clarity on what really makes a healthy workplace; what that means in terms of job design and management methods, and which services are best placed to deliver in which circumstances.”

Time to split ‘wellbeing’ and EAPs

At some point in the employee wellbeing revolution, having a wellbeing strategy and having an EAP has become synonymous.

When organisations are asked about what it’s doing for employees, they’ll now often just point to their EAP provision: the ‘catch-all’ and ‘fix-all’ for wellbeing. Reports indicating high levels of EAP usage are used as evidence of the success of awareness-raising and access to wellbeing support.

On the one hand, it’s a tribute to the impact of EAPs. Employers trust the professionalism of their EAP provider. But the shift in attitudes has had a serious effect on the ability of EAPs to focus on core strengths, the quality of clinical services and delivering the best clinical outcomes. Seeing the EAP as a holistic wellbeing solution has meant demands on providers to deliver an umbrella service, to provide services in everything from financial wellbeing to menopause advice. So EAPs have needed to invest and develop in areas well outside of their area of expertise.

The blurring of wellbeing means a bigger problem for the market, organisations and employees. The reality is that EAPs are only signposted and used as a reactive service when there is already an issue, and more often a serious one involving mental illness. A rise in EAP usage isn’t a sign of successful wellbeing strategies, but their failure.

Wellbeing support isn’t an EAP, it should be there, everywhere, in different forms, before any kind of crisis point is reached; a proactive strategy that includes advice and help around issues like sleep, diet and nutrition, good mental health — and perhaps most of all, in terms of job design and workplace culture, what makes for ‘good work’ to maximise feelings of belonging and minimise the stress and angst.

Maybe it sounds like an odd message from the chair of EAPA UK: don’t spend your entire wellbeing budget on an EAP. But we need to be clear about what EAPs and EAP providers are. They were set up to have a positive effect on the mental health of the workforce, for employers and employees, and not as a profit-making scheme.

This kind of integrity and viability can only happen if EAPs are able to keep to their fundamental purpose and role, focused on positive clinical outcomes for individuals who reach out to the service.

Karl Bennett, chair, EAPA UK (Employee Assistance Professionals Association), www.eapa.org.uk

Membership categories

EAPA UK has been working on reducing the number of membership categories, making the application process clearer and easier, and to reduce the need for more requests for information later.

Previous categories:

• Accredited Provider
• Non-Accredited Provider
• Consultant Member
• Specialist Benefit Provider
• EAP Organisational & Support Services Provider
• Professional Body Member
• Individual Member – EAP Specialist: Clinical
• Individual Member: Non-Clinical
• Student Member

New categories from 2025:

• Accredited EAP Provider
• Registered EAP Provider
• Associate Organisational Member
• Individual Member
• Individual Member (Student or Lifetime)

Dr Adrian Wright, Director of iROWE and Associate Dean at UCLan (University of Central Lancashire): How ‘good work’ matters more than traditional health benefits

Work plays a major part in moulding people’s health — in both positive and negative ways. The question is how employers can ensure they’re more often a beneficial force.

Our research at the Institute for Research into Organisations, Work and Employment (iROWE) looked in detail at the experiences of a cross section of over 200 local workers from across a mix of sectors in Lancashire. Worryingly, the headline finding was that more than half of these employees reported that their work had either caused or made feelings of stress, anxiety or depression worse in the previous 12 months.

And this was happening in spite of efforts by employers to support health and wellbeing. 82% of employers had active health and wellbeing measures in place; and half of the workers had made use of them. It’s further evidence of how the focus on employee health offerings over the past decade has failed to address the core issues around employee wellbeing.

The survey results pointed to what might be the root causes: 70% of the employees said they needed to work longer than their contracted hours; only one in three said they could get their work done inside their normal hours. At the same time, just 55% of people felt they were fairly paid. There was also evidence of issues with short-term contracts, which in turn would be affecting retention and productivity.

But there’s another side to people’s relationships with work — demonstrated by the importance of employee’s feelings of job security and the relationships formed with co-workers. There are still fundamental qualities to the work experience that people value strongly and that provide an important basis in terms of employee motivation and their wellbeing.

The research re-affirmed the need for attention towards formulation, implementation and communication of health and well-being policies ensuring there are clear links between policy, procedure and practice. We set out a list of priorities for both employers and policymakers: including the need to re-focus on people management and providing support for line managers, prioritising ‘good work’ and factors such as pay and benefits, job design, nature of work, training and development, and employee voice; review existing policies to ensure they support staff health and wellbeing (mental health, grievance and disciplinary); encourage managers check in with their employees proactively and consider how the needs of employees can best  those of the organisation when it comes to sustainable and productive work, embracing flexibility.

Our EAP: Tunai Musa, HR Manager at Passmores Co-operative Learning Community (PCLC)

We’re a multi-academy trust managing six schools in the Harlow area of Essex, including around 600 staff to support and look after.

As with most employers, wellbeing has become more and more of a priority — and we were aware of more cases of staff struggling with both physical and mental health conditions. No matter what kind of role you’re working in, education is a fast-paced and stressful environment, it can be relentless for people.

Our EAP, which was introduced five years’ ago, has been an important way for us to differentiate ourselves as an education employer in the region. We can say “come to work with us and we’ll care, we’ll support you”. And you can see how it works, when employees join they’re impressed by the range of offerings the EAP includes, and it helps them feel like they’re part of a community.

Mostly our employees want to use the physio and counselling offerings. In these cases the real value comes from how promptly sessions can be arranged: you can get something booked within 48 hours and know you’ll be having a face-to-face appointment for physio or counselling for the following week. And that makes a real difference for people — they can avoid the long waiting times involved with the NHS or the costs of having to arrange their own provider, meaning less worry, issues are dealt with far more quickly, and there’s less potential for needing more or longer periods of absence.

We also try to be flexible around how the EAP is used. So if a member of staff has used up all of the three sessions usually available to them, they can get in touch and we can look to arrange further sessions. People can even make those appointments for during work hours if they need to, and we’ll support them to do that. We’ll often get emails and feedback saying it’s been very beneficial for their mental health, telling us how it’s helped them along with their journey back into work. From an organisational perspective, the EAP is a very practical and important platform for reducing staff absence and avoiding long-term absence situations which are no good for them or us.

Awareness is always the challenge. There’s so much to take on-board, when people join and then becoming absorbed into their day-to-day roles, so the EAP can get forgotten. We’ll always flag about the EAP when we have catch-ups and one-to-ones, but in the end it’s always down to the individuals to remember the offer and be willing to share an issue.

EAPs delivering improved mental wellbeing, productivity and turnover, says new research

Research among more than 15,000 employees in Southeast Asia has provided more evidence of the positive impact of EAPs [[https://link.springer.com/content/pdf/10.1186/s12889-025-21358-7.pdf]].

The study was carried out in countries where EAPs are a relatively new benefit, in Malaysia, Singapore, Philippines, Thailand, Indonesia, and Vietnam. Employees filled out surveys relating to their mental health, sociodemographic background, levels of productivity and intentions around staying or leaving their employer.

The value of awareness

The research found that less than 30% of the employees were even aware their employer offered an EAP as a benefit. Actual offerings in these countries included well-being and mental health webinars, talks and workshops, alongside the usual helplines and counselling.

But critically, among those employees who were aware of the offerings, there were significant indications of a positive impact in terms of their sense of wellbeing and attitudes to their employer. In particular, having access to regular mental health risk assessments and screening was found to be the most effective offering in these markets.

Professional first

EAPA UK chair, Karl Bennett said: “EAPs are such an established and proven form of support for organisations in the UK that measuring their real impact can difficult, given the number of factors involved.

“This study in new markets where EAPs are a fresh innovation is important in reminding us of the value of both access and awareness to services, and the ways in which an employer’s support has a real affect on their people’s state of wellbeing and outlook.”

Traditional first aid is now “dangerously outdated” claims St John Ambulance

The first aid charity St John Ambulance has shifted the emphasis of its operations towards mental health, calling in particular for workplaces to change their approaches to first aid.

First aid, St John Ambulance has said, is no longer just about treating physical illness or injury, or maintaining emergency first aid kits, but making sure there is a holistic response including attention to both physical and mental health first aid.

The changing focus comes in response to how almost half of all sick leave among UK employees is reportedly due to stress, anxiety and depression (16.4 million of 33.7 million days of absence between 2023 and 2024). Of the £21.6 billion cost of absence to employers during 2022-2023, £7.1 billion was the result of workplace injury, more than £14 billion to illness.

The new duty of care

With the changing landscape of employee health, HR teams need to be certain they are meeting the legal duty around ensuring employees are provided with a ‘safe’ working environment, one where reasonable care has been taken to prevent personal injury — which includes harm to mental health.

Lisa Sharman, Head of Education at St John Ambulance, said: “Workplaces that do not upgrade their approach to first aid to incorporate mental health first aid, and a focus on mental wellbeing, are in significant danger of failing to provide holistic care for their employees.”

Professional first

EAPA UK chair, Karl Bennett said: “The rise in the use of Mental Health First Aid — identifying signs of mental health issues and providing initial support and guidance to professional help when it’s needed — is clearly a positive development. It’s making it easier for staff to have a first conversation, and an early conversation, about any concerns, and to be signposted to advice from professionals like those available through an EAP.

“But, crucially, MHFAs have only been equipped with the training to provide that initial signposting and nothing more. MHFAs can only ever be one element in a package of measures that provide preventative and reactive support.”

Why 2025 means a battle to protect employee mental health

Employers of all shapes and sizes are looking at how to adapt to an age of higher taxes in the wake of October’s budget announcement on National Insurance — and looking to what can be trimmed from costs.

Business confidence has been shaken. The CBI’s Growth Indicator points to a 10% fall in activity up to February 2025; the Institute of Directors has signalled the lowest level of confidence in the economy since the start of the Covid pandemic. In particular, intentions around investment in areas like recruitment have been significantly affected.

Leaner and meaner?

Evidence so far suggests employers plan to take immediate action: by limiting wage increases, raising prices and job cuts. Most organisations plan to introduce a raft of measures to offset higher NI contributions, including improving productivity.

More employers are expected to look at cost-cutting — as the more efficient way to protect EBITDA (earnings before interest, taxes, depreciation and amortisation) — meaning scrutiny of any expenditure on benefits and activities considered to be not ‘mission critical’.

Certain ROI

EAPA UK chair, Karl Bennett said: “There are some fundamental contradictions here. Most of all the government wants growth, based on improved productivity and getting a much larger proportion of the economically inactive back into the workplace: young people, the disabled and those who have been long-term sick. This can only happen with healthy, supportive workplace cultures.

“So, more than ever, it’s a case of what’s most effective, focusing spend on the offerings that lead to a proven Return on Investment. With their emphasis on dealing with root issues, untangling the combinations of worries and issues, and providing immediate access to professional support, EAPs have a long and obvious track record in terms of impact and ROI. The most recent data shows that for every £1.00 spent on an EAP in the UK, employers have seen an average return on investment of £10.85.”

What are the implications of Get Britain Working for the mental health agenda?

A £240 million initiative, Get Britain Working has a target of an 80% employment, getting more young people, people with disabilities, and those with long-term health conditions back into the workforce and contributing to the economy.

The white paper — due to lead to a raft of policy innovations and projects in the coming year — has come in the wake of increases in the number of economically inactive people, now up to nine million, with 2.8 million not working because of a long-term sickness. Last year, 53% of these pointed to problems with mental health as the main reasons — a 40% increase from 2019.

Demands on employers

A consultation will include talking to employers, employees, trade unions and those with health conditions. But the expectation is that employers generally will be expected to play an even larger role in creating a ‘healthy’ work environment, and one that’s accessible to more people with different kinds of health conditions, including mental health issues: flexible working practices and supportive line managers.

The planned ‘connect to work’ scheme, for example, will offer voluntary employment opportunities to people with disabilities, health conditions or complex barriers to work, supporting up to 100,000 people a year at full rollout.

EAP partners

EAPA UK chair, Karl Bennett said: “Next year will see a sharp focus on work and mental health. How can workplaces be a positive force for both the existing workforce and for getting more people with long-term illnesses back into jobs.

“Supporting mental health, of course, isn’t something that comes with making ‘reasonable adjustments’. There has to be trust and a sense of psychological safety among people often dealing with difficult and complex combinations of issues around health and finances and relationships.

“HR teams need to be looking at how their EAP provider can step up with them to understand the challenges faced by the different demographic groups, the causes of stress, and the ways to find the best balance between support and flexibility, and the need for challenge and rewards.”