The Labour Manifesto included a pledge to introduce a ‘right to switch off’ in the UK. Ministers now have to figure out how such a right will be framed. One proposal under consideration is the creation of a code of practice on the right to switch off. This would allow employment tribunals to increase compensation if the code is breached.
Most people who work ‘normal office hours’ (as opposed to shift work) have a start and finish time for their working day set out in their contract of employment. Senior employees are generally required to work outside those set hours ‘as the needs of the business require’ because it’s accepted that situations will arise which may need to be dealt with in the moment.
But there is potential for these new rules to be seen as discriminatory. For example, some Jews observe the Sabbath which requires stopping work by sundown on Friday and not starting work again until sundown on Saturday. Depending on the time of year, this religious observance could impact an employee’s finish time on a Friday. The remedy is simple, employers should consider the reason behind any request to finish early. If a blanket ban could be seen as discriminatory, it’s important to work with your employees to find an acceptable solution for all. Once Labour’s plans for a legal ‘right to switch off’ are brought forward for consultation, we’ll have a clearer picture of the extent to which employees will need to remain in contact outside core hours.
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