It's time for the right to switch off

In response to trade union campaigning, the new Labour government has committed to introduce a new right to switch off for workers. Workers in countries like Belgium and Ireland already have this right.

A right to switch off would strengthen and complement existing working time protections and ensure that workers can protect their private lives.

This commitment recognises that many workers are not currently able to take a proper rest break  as work in many jobs has intensified which existing legal protections are inadequate to deal with.

What is the 'right to switch off'?

A right to switch off would allow employers and workers to develop a policy that would ensure workers are given a proper rest break away from work, but in a way that would meet the needs of the employer and those who wok for it.

This is far from the outright ban on employers contacting workers outside of a rigid 9-5 as some media reports have suggested.

Why do we need a right to switch off?

Work intensification is a key problem facing workers in the UK. Polling commissioned by the TUC revealed that 61 per cent of workers feel exhausted at the end of most working days. And 55 per cent of workers feel that work is getting more intense and demanding, over time. 

New technologies facilitate greater connectivity to the workplace. Workers report spending more time outside of contracted hours reading, sending and answering emails. High workloads which are not achievable during contractual hours, spill over into workers’ private lives, meaning they are undertaking work in the evenings, whilst at home.  

Intrusive workplace surveillance technology, such as monitoring of emails and files, webcams on computers, tracking of when and how much a worker is typing, calls made and movements made by the worker (using CCTV and trackable devices) can lead to unrealistic and unsustainable expectations of employee output.

Which workers are affected?

Work intensification affects all workers, not just those working from home or those using new technologies.

Unions have reported that shop workers working additional time at the end of their shift whilst they wait for handovers would benefit from a right to switch off. And so would midwives, working consecutive long hour shifts, picking up the slack because of staff shortages.

Many outsourced workers in cleaning, catering, portering and security roles would benefit from a right to disconnect. Unions report that outsourced workers are contacted at all hours of the day and night by managers/supervisors pressuring them to take extra shifts, often for the next day. They said this means they never feel like they’re off duty.

Existing legislation is outdated and not enforced

Existing Working Time Regulations (WTR) were introduced more than 25 years ago before technologies like mobile phones really took off. Innovative legislation is needed to keep pace with new technologies and their potential to blur the lines between work and home.

Working Time Regulations are also not adequately enforced. This means one of the key tools to tackle work intensification is being lost. The Health and Safety Executive (HSE) is responsible for enforcement of the maximum weekly working time limits, night work limits and health assessments for night work. However, its annual report, which contains details of its enforcement activity, makes no mention of any enforcement activity in this area. Data on the HSE website also suggest that there have been no convictions in relation to breaches of the Working Time Regulations in the last 10 years.

Furthermore, the HSE is becoming more limited in its capacity due to shrinking resourcing, with its budget cut by almost a half: funding for 2021-22 was 43 per cent down on 2009-10 in real terms. You are now more likely to win the lottery than have a safety inspector visit your workplace. Fewer inspectors, inspections and actions against employers.

In turn, we are seeing a surge in occupational ill-health. While fewer workers die from injuries on the job, many suffer the effects of occupational cancers or work-related stress.

Workers need a right to switch off to avoid burnout and serious health problems. A range of health effects are associated with intensive working practises, with long hours known to be a major cause of fatigue. When workers are tired, or under excessive pressure, they are also more likely to suffer injury, or be involved in an accident – 20 per cent of all serious accidents are a result of fatigue. Long term-ill health conditions caused by overwork include hypertension and cardiovascular disease, digestive problems, and long-term effects on the immune system, increasing risk of causing autoimmune disease diagnoses.

Support for right to switch off

It’s clear that there is overwhelming support for a right to disconnect with polling consistently showing that the majority of workers support this. A vast majority of managers also back the change.

What is Labour proposing?

The Labour government’s Plan to Make Work Pay says: “We will bring in the ‘right to switch off’, so working from home does not become homes turning into 24/7 offices. We will follow similar models to those that are already in place in Ireland or Belgium, giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.”

For too long ministers in the last government ignored the growing challenges faced by workers. Now we have a commitment to take action to ensure that, as technology develops, workers’ rights to rest breaks and a home life are protected.