Right to Switch Off

Introduce A Right to Switch Off From Work For All Workers

Labour plans to introduce a new Right to Switch Off, which would give workers the right to not routinely work outside normal working hours and not to be contacted by their employer outside normal working hours.

Proposed Changes

Labour plans to introduce a new ‘right to disconnect’, which would give workers the right to switch off from work outside of normal working hours and not be contacted by their employer.

Labour has suggested the regimes already in place in Ireland and Belgium would be used as models as their legislation is much softer than other European countries such as France.

How The Right To Switch Off Works In Ireland

There are three elements to the right to switch off:

1. The right of an employee to not have to routinely perform work outside their normal working hours.
2. The right to not to be penalised for disconnecting.
3. The duty to respect another person’s right to disconnect.

The Code allows for legitimate situations that may occasionally arise when it is necessary to contact staff.

It also recognises flexible working is highly-prized by workers and may be required to meet the operational needs of a business, as set out in an employee’s contract of employment. But emphasises that while non-standard working hours may suit different employees and different organisations, the right to disconnect outside of agreed hours is universal.

The purpose is to complement existing law on working hours and, in recognising that a one-size-fits-all approach would be unworkable across all business and all roles within those businesses, to provide guidance for developing a right to disconnect company policy.

Employers are required to engage with their employees and union reps to tailor a right to switch off policy that takes account of the particular needs of their business and its workforce.

Timescales

This legislation would need to progress through Parliament to receive Royal Assent before been implemented into legislation. It is likely to be 2025 before this becomes law.

Top Tips

The right to disconnect will likely require you to consult with staff and collaborate with them to create disconnect policies that benefit both parties.

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