More information released on the Government’s plan to introduce a new “right to switch off”
As we have reported previously, the Government plan to introduce a new “right to switch off” which will provide workers with the right to disconnect from work outside working hours and not be contacted by their employer.
It has recently been reported that employees whose employers repeatedly breach of any new right may be entitled to uplifted compensation, similar to the potential 25% uplift for a breach of the Code of Practice on disciplinaries and grievances. It is understood that the new right is likely to be encompassed in a new code of practice, which is unlikely to be a freestanding right but could lead to increased compensation when bringing certain claims. We do not yet know which claims this will apply to, but it is likely to include unfair dismissal (in particular constructive unfair dismissal).
We understand Government sources have said the policy will be specific to individual workplaces, with employers required to agree contact hours with workers as is currently the position in Belgium. We further understand that the Government recognises of the potentially disproportionate impact on smaller businesses, and we will “watch this space” as to how this is likely to be dealt with in the new code of practice.
At this stage, it is still too soon to know exactly how the code of practice is likely to work, but we will report on the further details once they are released.
In the meantime, if you have any employment law related questions, please do get in touch with the team.