‘Right to disconnect’ plans must offer firms flexibility, experts warn

The government’s plan to give workers the ‘right to disconnect’ must offer companies some flexibility when it comes to implementing the changes, experts have warned.

Staff who are frequently contacted by their bosses outside of their work day could be granted thousands more in compensation cash from employment tribunals under new worker reforms, The Times reported.

It comes after Labour pledged a raft of policies to reform workers’ rights in its pre-election manifesto, including a ban on fire and rehire practices.

The specific right to switch off is expected to be enshrined in a code of conduct practice that firms and staff would sign up to, with repeated breaches set to see companies shelling out.

The prime minister’s spokesperson said the proposal was intended to ensure “we’re not inadvertently blurring the lines between work and home life”.

They added: “One of the central missions of the government is for growth and we know that productivity is vital to growth.”

But employment experts have stressed that companies must be allowed to offer flexible working patterns and that any code should be developed in concert with businesses.

Ben Willmott, head of public policy at the Chartered Institute of Personnel and Development (CIPD), the professional body for HR, said: “It’s important that any new right to switch off is introduced with sufficient flexibility to enable employers to contact employees outside normal working hours where unforeseen circumstances require, e.g. due to sickness absence.”

He added: “There will be different demands for this type of flexibility depending on the sector and the nature of people’s jobs, which would need to be recognised in the code of practice.

“Employers will need to ensure they have clear policies aligned to any new code, clarifying circumstances where managers can and cannot contact staff outside usual working hours.”

Joanne Leach, senior associate in the employment team at Lawrence Stephens, said firms would find they had to “carefully weigh up the competing interests of various employees”.

She noted: “One individual’s ‘right to switch off’ might curtail the right of another to work flexibly. This would impact others who require flexibility.

“To manage risk, employers should suggest practical measures such as requiring staff working outside office hours to delay sending internal emails until the next working day.”

Leach added: “It remains to be seen whether employers can implement such practices… without opening themselves up to the chance of claims brought by staff who feel that their right to work flexibly has been curtailed by a government order to disconnect.”

James Lavan, executive director at legal recruitment firm Buchanan Law, observed that the policy could pose “interesting challenges” for some firms, where the culture in some legal areas “has historically been that the day isn’t over until your work is finished”.

But he stressed: “I imagine this legislation will cause more scrutiny at the recruitment stage with firms trying to ensure they are hiring people who will be willing to go above and beyond.

“There will be firms who already pride themselves on offering a healthy work-life balance who will see this as a further chance to reinforce their culture and sell against the norm.”

Sir Keir Starmer’s spokesperson said that the government’s plans were not a “one size fits all” and would recognise companies vary and people have different roles.