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<p>According to the Office of National Statistics, <a href="https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/articles/whoarethehybridworkers/2024-11-11" target="_blank" rel="noopener">more than a quarter of UK workers are now hybrid working</a>, with this figure climbing to nearly half for those classified as working in ‘professional occupations’. But only five years ago, the figure for those working from home was around <a href="https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/employmentandemployeetypes/articles/ishybridworkingheretostay/2022-05-23" target="_blank" rel="noopener">one in eight (12%)</a>.</p>
<p>This seismic shift in working habits was of course brought about largely thanks to the COVID-19 pandemic, and it is a trend that appears to be long-lasting, with hybrid working here to stay. With this in mind, the Labour government’s proposed ‘right to switch’ off seeks to address any potential blurred lines between home and the workplace that hybrid working can create.</p>
<p>However, despite being a key part of Labour’s workers’ rights reform set out in its <a href="https://labour.org.uk/wp-content/uploads/2024/05/LABOURS-PLAN-TO-MAKE-WORK-PAY.pdf" target="_blank" rel="noopener">Plan To Make Work Pay</a>, the ‘right to switch off’ was notably absent from the government’s Employment Rights Bill unveiled in October. Instead, it has been included in the government’s <a href="https://www.gov.uk/government/publications/next-steps-to-make-work-pay/next-steps-to-make-work-pay-web-accessible-version" target="_blank" rel="noopener">Next Steps</a> document, outlining reforms it plans to implement in the future.</p>
<p>Here, we outline everything we know so far about Labour’s ‘right to switch off’.</p>
<h3>What is the government proposing?</h3>
<p>Labour’s Plan To Make Work Pay states: ‘We will bring in the right to switch off, so working from home does not become homes turning into 24/7 offices.’ Workers would have the right to separate their home life and work life, and would not need to engage with correspondence (emails, messages, calls, etc.) from their work outside of working hours.</p>
<p>This would bring the UK closer to countries like France and Luxembourg, whose laws also enshrine the right for workers to switch off from work after hours. This plan in fact references the models already in place in Ireland and Belgium as sources of inspiration, which both employ slightly different methods, and early reports suggest the government may combine the Irish and Belgian schemes.</p>
<p>In its Next Steps document, the government has proposed that its reform will be enacted through a code of practice, rather than legislation, obliging employers to draft ‘right to switch off’ policies into contracts. Penalties for non-compliance may therefore be similar to those for failure to follow the ACAS Code. Workers may also have the right to claim additional compensation in a tribunal award (uplifted compensation) if they are repeatedly contacted outside of normal working hours.</p>
<p>However, until full details emerge, we do not know exactly what the policy will look like or the extent to which it will apply.</p>
<p><iframe class="flourish-embed-iframe" style="width: 100%; height: 600px;" title="Interactive or visual content" src="https://flo.uri.sh/visualisation/21669469/embed" frameborder="0" scrolling="no" sandbox="allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation"></iframe></p>
<h3>A tailored approach to flexible working</h3>
<p>Smaller businesses and industries that require flexible, round-the-clock operations have raised concerns about this policy, and employment experts have highlighted the need for companies to be allowed to offer flexible working patterns. One employee’s ‘right to switch off’ may have an impact on another employee’s ability to work flexible hours if the policy does not allow for sufficient flexibility in scope.</p>
<p>Recognising these concerns, the prime minister’s spokesperson told reporters in August that the government’s plans were not a ‘one size fits all’ and would recognise companies vary and people have different roles. This may hint at something similar to what Belgium offers, where employers are required to agree contact hours with their workforce.</p>
<h3>Preparing your workplace for these changes</h3>
<p>The ‘right to switch off’ policy is part of the Labour government’s push to prioritise mental health and wellbeing in employment law reform, and it is important that employers do what they can to make the workplace an environment in which workers can thrive. <a href="https://euc7zxtct58.exactdn.com/wp-content/uploads/2025/01/16142505/Mental-Health-UK_The-Burnout-Report-2025.pdf" target="_blank" rel="noopener">Mental Health UK’s recent Burnout report</a> revealed that one in five workers had to take time off work in 2023 due to poor mental health, and <a href="https://www.frontiersin.org/journals/organizational-psychology/articles/10.3389/forgp.2024.1392997/full">research shows</a> that too much digital connectivity can lead to so-called ‘techno-strain’ and burnout.</p>
<p>Employers should establish clear policies around out-of-hours communications, ensure employees are not penalised for failing to respond to work emails, calls or messages outside their contractual working hours, and consider training managers so they are equipped to manage workloads and expectations without having to rely on out-of-hours communications.</p>
<p><iframe class="flourish-embed-iframe" style="width: 100%; height: 600px;" title="Interactive or visual content" src="https://flo.uri.sh/visualisation/21670604/embed" frameborder="0" scrolling="no" sandbox="allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation"></iframe></p>
<h3>When will it happen?</h3>
<p>The ‘right to switch off’ did not appear in the government’s Employment Rights Bill back in October, and reports suggest a ‘right to switch off’ may not be implemented until 2026 <a href="https://inews.co.uk/news/right-to-switch-off-laws-2026-3294450?srsltid=AfmBOooJJfgtc3ofNor-268IZpvvTwWs4rH0ATvYtOk4Rcin6QgFtZmY" target="_blank" rel="noopener">at the earliest</a>. In fact, many of Labour’s initial proposals to reform workers’ rights have been significantly watered down or quietly dropped, including a proposal towards a single status of worker, and it has been suggested that legal complexities have had an impact on the government’s commitment to introduce legislation within the first 100 days of government.</p>
<p>As it stands, the Employment Rights Bill is making its way through the Commons and the government has made clear it may reach Final Stages by autumn 2026, at which point the ‘right to switch off’ may be included ‘alongside the Employment Rights Bill’s passage and beyond Royal Assent’.</p>
<p>Stay informed on this and other <a href="https://www.linnearlegal.co.uk/employment/">employment law</a> developments with Linnear Legal. <a href="https://www.linnearlegal.co.uk/get-in-touch/">Contact us today</a> for expert legal advice tailored to your business needs.</p>


Labour's 'right to switch off': what we know so far

Labour's proposed ‘right to switch off’ aims to protect workers' work-life balance. Learn what it means for UK businesses and when it might take effect.

Labour's 'right to switch off': what we know so far | Linnear Legal

Labour&#8217;s &#8216;right to switch off&#8217;: what we know so far

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