Will a ‘right to switch off’ statutory Code of Practice be strong enough for workers?
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Labour announced in their Manifesto that they would give workers the ‘right to switch off’ from work outside of their contracted hours in order to have a more positive work-life balance. Their aim is to promote healthier working practices that are conducive to a more productive and motivated workforce.
This promise did not however make its way into the Employment Rights Bill, but rather the Government intends to introduce a statutory Code of Practice in due course. A Code of Practice does not mean that communication out of hours will become illegal, or even prohibited, but that if an employee can prove they are routinely being contacted outside of their contracted hours, this can play a role in an employment tribunal payout. Nevertheless, this may not actually offer a viable route for recourse, given that very few cases make it to tribunal and there is a long case backlog.
Labour suggested that a ‘right to switch off’ in the UK will follow similar models to those that are already in place in Ireland and Belgium, but what do these looks like?In Ireland, the right to disconnect is also a Code of Practice designed to provide assistance to employees who feel obligated to consistently work longer hours than agreed in their terms and conditions of employment. Whereas in Belgium, legislation requires employers with 20 employees or more to stipulate in writing the right for employees to disconnect after working hours, either in company Collective Bargaining Agreements (CBA) or company-level policies and regulations.
But is it enough to just be compliant with policy?
Much like other workplace policies, fostering a supportive organisational culture is crucial for the proposed ‘right to switch off’ to work properly. The existence of a standalone policy is never enough. Employees need to actually feel that they can disconnect from work outside of core work hours or whilst on leave without being penalised for it. This outcome can be achieved through setting a tone from the top and role modelling at both a senior leader and people management level.
How can employers support their workers with digital disconnection?
Our research finds that digital disconnection is about creating a positive culture that helps employees to limit engaging in work-related communications and extending working hours into their personal time. We recommend that senior leaders:
1. Develop a purpose and values-driven strategy informed by staff involvement to signal that you recognise the risks to an “always-on” culture, you want to protect their wellbeing and work-life balance, and that tackling this requires collective responsibility.
2. Focus on building management capabilities within your organisation so managers are trained in managing conflict and empowered to set expectations within their team, and are capable of trialling, evaluating and amending new approaches.
3. Experiment and engage with staff to find an approach that works ensuring that employees feel psychologically safe and that their opinion is heard and valued.
Digital disconnection is important but is not a silver bullet for work-life balance and burnout
Ultimately taking these steps will only get you so far – organisational approaches to digital boundaries and disconnection should be part of a wider cultural change programme aimed at enhancing employee wellbeing. This could include reviewing workloads and job design, improving leave policies, offering a range of flexible working options to improve work-life balance, and facilitating the development of mentoring programmes.
At the Work Foundation at Lancaster University, we are committed to tackling structural inequalities in the labour market. We would like to hear from any senior leaders or line managers who wish to share their experiences of supporting the wellbeing and work-life balance of their workers. If you would like to write or contribute to a blog, then please contact us at info@lancaster.ac.uk.
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