What happened to the ‘right to switch off’?

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.”