The UK government’s Plan to Make Work Pay stated that a new “right to switch off” would be introduced, providing workers with the right to disconnect from work outside of working hours and not be contacted by their employer. Further details are expected shortly. However, it has recently been reported that employers who are repeatedly in breach of any new right may face uplifted compensation claims from workers who have been contacted outside of their working hours.
It is understood that any new right is likely to be enacted through a code of practice (presumably an Acas code of practice), similar to the position in Ireland. While it is anticipated that a new code of practice would not create a freestanding compensation claim, it could result in workers being able to claim up to a 25% uplift on compensation (or whatever alternative uplift cap the government decides to apply) when bringing certain claims. It is not yet known which claims any uplift may apply to.
Government sources have reportedly said that any new “policy” will be specific to individual workplaces (seemingly with an onus on employers to agree contact hours with workers as is currently the position in Belgium), and that ministers are aware of the potentially disproportionate impact on smaller businesses. A government spokesperson also stated that the Plan to Make Work Pay will consider a range of approaches that work for businesses and employees alike, with further details available in due course.
It is unclear how a new code of practice will be drafted in a way that will have meaningful impact and work for a range of workplaces, or even if a code of practice will be the government’s preferred means of implementation. It appears that the government may be favouring a combination of the current Irish and Belgian schemes.
Practical Tips: Employers should consider how they will deal with employees who work in teams across different time zones, and the type of software technology that they currently use to communicate with those workers. For example, to consider whether any current messaging systems is instantaneous (such as using WhatsApp or WeChat), and whether there is a way to calibrate existing systems, for example, by using a delay send function (as with Microsoft outlook), to prevent workers being contacted outside of set working hours.
This new law will create significant extra burdens on employers. If you wish to be updated when the proposed new law, and any related code of conduct, is published then please let me know.
The material contained in this article is provided for general purposes only and does not constitute legal or other professional advice. Appropriate legal advice should be sought for specific circumstances and before action is taken.
© Miller Rosenfalck LLP, August 2024
