Employees could ignore emails outside of working hours under new guidance for employers to be introduced by Labour.
Sir Keir Starmer’s government is pushing ahead with an election campaign pledge to give workers the “right to switch off” and refuse WhatsApp messages, emails and phone calls from their bosses, or take extra work in the evenings and at weekends.
It is also expected to cover workers’ annual leave, meaning bosses will not be able to contact their staff during holidays.
The measure would not be mandatory for firms and would not be part of a new workers’ rights bill that will be brought to parliament in the first 100 days, but is expected to be recommended in workplace codes of practice.
It is part of a wider package of new rights overseen by Deputy Prime Minister Angela Rayner that the government wants to introduce to change workplace culture and help boost economic growth, a key priority of the Starmer government.
Alongside the new automatic right to flexible working, unveiled in the King’s Speech on Wednesday, the right to switch off is seen as crucial to improving worker productivity.
As with flexible working, there would be exceptions to the right to switch off in certain industries or positions.
Union bosses welcomed the move, with TUC general secretary Paul Nowak saying: “No one should be pushed to the sidelines for their job.
“The ever-increasing hours, pace and expectations of work are causing problems across the country. This is a recipe for burnt out Britain.
“So we welcome these measures to address work intensity. The introduction of the right to switch off will allow workers to properly disconnect outside of working hours.”
The government’s reform plan is the Work to Make Work Plan, published at the start of the election campaign in May.
The paper acknowledged that increased working from home since the pandemic has blurred the lines between work and home life, risking homes “turning into 24/7 offices”.
Ministers plan to model the right to switch off after those already in place in Ireland and Belgium.
In Ireland, the right to switch off is not mandatory but is widely recognized in codes of practice. It includes the right not to be penalized by employers for refusing to take calls, respond to emails or be expected to complete projects outside of working hours.
Although not legally binding, it can be used to support employees’ cases of unfair dismissal or other complaints against their employer.
In Belgium, the right to switch off is enshrined in legislation, but it applies to public sector employees and those in the private sector who work for firms that employ 20 or more people, meaning that small businesses are exempt from the law.
The Plan To Make Work Pay says workers and employers should be given “an opportunity to have constructive conversations and work together on tailored work policies or contractual terms that benefit both parties”.
A poll by Savanta in May found the right to switch off was supported by 69 per cent of voters, making it Labour’s most popular plan to protect workers’ rights.
The measure is supported by unions but is likely to face some resistance from businesses, particularly those with smaller workforces that could face higher costs due to red tape.
Meanwhile, new statutory rights for employees to flexible working hours are expected to be introduced by spring next year.
Measures under the Employment Rights Act will be presented to Parliament by the end of October. It usually takes four to five months for a government bill to reach the statute book, meaning the rights will be introduced by February or March 2025.
Previous TUC research has shown that flexible working models increase productivity, particularly among working parents.
Some 92 per cent of mothers who worked flexible working hours said in a 2021 survey for the TUC that they would find it difficult or impossible to do their job without it.