The Labour Manifesto included a pledge to introduce a ‘right to switch off’ in the UK. Government sources recently told the BBC that ministers are looking into 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. Employment tribunals could increase compensation in other claims if it is found that the code, or agreements on the right to switch off, have been breached.
Most people who work ‘normal office hours’ (as opposed to shift work) have a start and finish time for their working day. This will be set out in their contract of employment. Those in senior positions are generally required to work outside those set hours ‘as the needs of the business require’. It is accepted that situations will arise which may need to be dealt with in the moment. This is undoubtedly true for those, like Keir Starmer, who are in public office. However, looking closely, he seems to accept this is the case. He specifically states that there will be ‘exceptions’ to his 6pm finish should the need arise. If you were his employer, you would probably conclude that his statement is in line with his contractual obligations.
There is another angle to this. Some followers of the Jewish faith observe the Sabbath. This involves stopping work by sundown on Friday and not working again until sundown on Saturday. Depending on the time of year, this religious observance can impact on an employee’s finish time on a Friday. Employers who have employees asking for an early finish or ‘switch off’ on a Friday, should consider the reason behind the request to finish early. If it is motivated by religion, then any blanket ban could be seen as discriminatory. Employers should work with their 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 shall have a clearer picture of the legal direction for employers and the extent to which they will, in the future, be able to require employees to remain in contact outside of core hours.
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