HR professional body says that right to switch off needs to be applied flexibly

A “right to switch off” proposal being considered by the Government would mean that employers are restricted from contacting workers by phone or email outside working hours.

It is likely that this right will be introduced by way of a code of practice, rather than new legislation, but ignoring such a code could mean that any compensation awarded to an employee could be increased by as much as 25% in the event of a tribunal claim.

The Chartered Institute of Personnel and Development (CIPD) has pointed out that the introduction of a code of practice should allow employers to develop approaches which work for both them and their staff.

It has also called for a degree of flexibility to be applied to enable employers to contact employees outside normal working hours where unforeseen circumstances require this, for example due to sickness absence.

CIPD head of public policy, Ben Willmott, said: “There will be different demands for this type of flexibility depending on the sector and the nature of people's jobs, which would need to be recognised in the code of practice. Developed in the right way, in consultation with employers, such a code can help promote what is already adopted as good practice in many organisations and support workers' work-life balance and wellbeing.”

Employers will need to ensure they have clear policies which are aligned to any new code, clarifying the circumstances where managers can and cannot contact staff outside their usual working hours, he concluded.

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