The Sunday Times recently reported that the government are planning to scrap their Right to Switch Off policy. This decision, confirmed by Business Secretary Jonathan Reynolds and Chancellor Rachel Reeves, aims to alleviate burdens on businesses amid concerns over compliance costs.
This decision is unlikely to be a popular one with Labour’s trade union supporters, who advocate for stronger protections for workers. Arguably, it is a step away from Labour leader Sir Keir Starmer’s manifesto pledge for workplace changes.
In this article, Sarah Begley considers the implications of this policy change.
Background
In 2024, the Labour Party published a manifesto detailing the workplace changes it planned to introduce if elected. Its “Plan to Make Work Pay – Delivering A New Deal for Working People” included a proposal for a new Right to Switch Off, which would prevent employees from being contacted outside of working hours. Following its election, the new Labour government introduced the Employment Rights Bill, which proposed a range of employment law reforms, from zero-hours contracts to collective redundancy consultation. It also introduced a new “day one” employment rights pledge, notably including the right to claim unfair dismissal. However, the Right to Switch Off was not included in the Bill, with Ministers proposing to introduce it through separate legislation at a later date.
What is the Right to Switch Off?
A Right to Switch Off has been implemented in several other countries and typically allows workers to disregard work-related emails and calls outside office hours, except in limited circumstances. The idea was to help employees maintain a better work-life balance and prevent burnout.
However, concerns were raised by business owners, particularly those operating across multiple time zones or those needing to contact employees in urgent situations. Many feared that such a policy could restrict business flexibility and hinder economic growth.
Why is it being scrapped?
The rationale for this change in policy is to try and boost business confidence after the recent budget placed extra costs on employers in the form of increased National Insurance Contributions (NICs), which will take effect next month. There are, of course, many other proposed changes in the Employment Rights Bill which will place additional burdens upon businesses.
Sarah comments,
“The Employment Rights Bill itself introduces a raft of employment law changes for employers to navigate. The Right to Switch Off was perhaps viewed as a step too far when looking closely at how it would be policed in practice. Arguably it was also potentially perceived as putting barriers in place preventing business growth at a time when the aim is to strengthen the economy.”
The latest version of the Employment Rights Bill has now been approved by the House of Commons and has been sent to the House of Lords for further debate (14th March 2025).
As the Employment Rights Bill progresses, businesses and employees alike will be watching closely to see how workplace rights evolve under the new government.
For further help and advice, please contact Sarah Begley, Associate Solicitor at Wilkes, on 0121 733 8000 or via email at [email protected]. You can also contact any other member of the Employment Team on 0121 233 4333 or at [email protected].
