Since the obligatory “work from home” rules of the pandemic, many employees have been working from home on a permanent or hybrid basis. In the home working environment, the chance of work bleeding into non-working time has increased, blurring the lines between work and home life. 

In Labour's Plan to Make Work Pay, they undertake to bring in a “right to switch off” with the aim of promoting “a positive work-life balance for all workers” based on models already in place in Ireland and Belgium. It seems that there will be no absolute right to disconnect as Labour's Plan to Make Work Pay says that they will give workers and employers “the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties”.  

In Ireland, there is a Code of Practice on the Right to Disconnect which recommends that employers engage with their workforce to create a Right to Disconnect Policy. There is no standalone claim or other penalties for breach of the Code of Practice, but it can be used in evidence against employers in claims for breaches of employment rights. 

If the approach in Ireland is followed in the UK, we may see another code of practice with an obligation on employers to enter into workplace agreements. It seems unlikely that there will be a standalone right to bring a claim, but reports suggest that tribunals may be able to take into account a failure to comply with the code or conceivably the workplace agreement itself and award an uplift on compensation for connected claims.

There is likely to be a period of consultation before any such code is finalised. It would seem sensible to ensure any code takes into account factors such as the size and resources of the employer, the nature of their business, differences between the seniority and roles of staff employed, and to accommodate the increasing number of businesses that operate internationally across different time zones. The government will need to strike a balance between the laudable aim of establishing necessary boundaries for workers to protect them from excessive work demands round the clock, while also recognising that businesses require a certain amount of flexibility when determining working hours, in order for it to be able to continue to function effectively. Labour acknowledges that “workers know that there are circumstances where their employer may need to contact them, and some value the ability to work outside of conventional work patterns”.

When the parliamentary timetable permits, we should learn more of the details around how this right is going to be implemented in practice.