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Employees who are constantly contacted by their managers outside normal working hours could be entitled to compensation worth several thousand pounds under the Labour Party’s plans.
The government’s plans to introduce a right to switch off, thereby creating a separation between workers’ professional and private lives, could result in workers receiving hefty compensation payments in employment tribunals.
The directive, which requires employees and employers to agree on a set number of hours during which they can be reached, is partly based on examples from Belgium and Ireland.
And loud The timesEmployers who repeatedly breach an agreement face thousands of pounds in additional compensation if they are brought to court.
A violation of off-hours work conduct rules is unlikely to justify litigation on its own, but workers could cite it as an aggravating circumstance in a broader lawsuit, increasing their chances of success and potential compensation, the newspaper reported.
Under the current system, if it is proven that companies have ignored codes of conduct, the compensation awarded by the courts can increase by 25 percent, with violations considered an aggravating circumstance.
Experts said The times that violations of collective agreements on overtime regulations can lead to fines running into the thousands.
Ben Smith, senior associate at law firm GQ Littler, said: “I expect (the changes) will include a new code of practice from Acas which will put employers on the line to implement policies and practices. However, I expect this will be quite comprehensive guidance on principles and best practice and will give employers the scope and flexibility to find the right balance for their business – but there will be tricky questions to think through.”
Government sources said the scheme would need to be tailored to each individual workplace when implemented, with ministers aware of the potential disproportionate impact on smaller businesses.
The right to switch off is part of a series of workers’ rights reforms being introduced by Labour, which include a ban on exploitative zero-hours contracts, an end to redundancies and rehiring, and an increase in the minimum wage. There will also be rights to sick pay, parental leave and protection against unfair dismissal from the first day after the probationary period.
The Ministry of Economy and Trade said the government was “proud to achieve the biggest improvement in workers’ rights in a generation”.
A spokesperson said: “Our plan to ‘make work pay’ will consider a range of approaches to the right to ‘switch off’ that work for businesses and employees alike. We will share further details in due course.”
