The UK government is set to drop the proposed ‘right to switch off’ as part of its amendments to the Employment Rights Bill. Initially introduced to protect employees from being contacted outside of their contracted hours—such as late-night emails, texts, or calls—the proposal was designed to ensure workers could maintain a clear work-life balance.
Labour had previously expressed interest in mirroring similar legislation in countries like the Republic of Ireland and Belgium. A spokesperson for Prime Minister Keir Starmer emphasised the importance of allowing employees time to rest and preventing work from encroaching on personal time. However, despite its inclusion in Labour’s ‘New Deal for Working People’ pledge, the ‘right to switch off’ was never officially embedded in the Employment Rights Bill and was instead placed in a ‘Next Steps’ document outlining potential future reforms.
Key Changes to the Employment Rights Bill
Following weeks of consultation with business groups, trade unions, and civil society, the government has announced several amendments to the Employment Rights Bill, including:
- Zero-hours Contracts for Agency Workers – Agency workers, like all employees, will have the right to contracts that reflect their regular working hours, ensuring greater job security and predictable pay structures.
- Strengthened Protection in Collective Redundancies – Employers who fail to comply with redundancy consultation requirements will now face increased penalties, with the maximum protective award rising from 90 to 180 days.
- Modernising Industrial Relations – Updates to trade union legislation aim to balance the interests of workers, businesses, and the public while fostering collaboration and accountability.
- Statutory Sick Pay Reforms – Low-wage workers will be legally entitled to Statutory Sick Pay (SSP) from day one of illness, with a minimum payment of 80% of average weekly earnings. This aims to reduce the spread of workplace illnesses and enhance job security.
- Regulating Umbrella Companies – The government plans to introduce enforcement measures to ensure workers under umbrella companies receive the same rights and protections as those directly employed by recruitment agencies.
Concerns Over ‘Watered Down’ Employee Protections
Our team of experts have raised concerns that lobbying from business groups may have significantly diluted the bill’s impact. Some argue that increased costs for employers—such as the rise in National Minimum Wage and National Insurance contributions—could stifle recruitment and even lead to redundancies. Others worry that the bill does not go far enough in protecting those in unsecure employment.
The decision to scrap the ‘right to switch off’ has sparked further criticism, with many citing the risks of employee burnout and disengagement. According to recent research, only 20% of UK workers feel comfortable refusing after-hours work requests, and nearly half report struggling with blurred boundaries between work and personal life.
Kathryn Gilbert, Head of HR Services at Bhayani Law
“The removal of the ‘right to switch off’ from the Employment Rights Bill raises significant concerns for both employees and employers. While flexibility is an important aspect of modern work, businesses must be mindful of the impact that constant connectivity has on employee wellbeing. Without clear guidelines, there is a risk of blurred boundaries between work and personal life, leading to increased stress and burnout.
At Bhayani Law, we advise organisations to establish clear policies that balance business needs with employee rights. Employers should consider implementing internal ‘right to switch off’ policies to promote a healthy work culture, even in the absence of legislation. Managing these changes proactively will help businesses maintain productivity while fostering employee wellbeing.”
How Bhayani Law Can Help
As employment law continues to evolve, businesses must remain proactive in ensuring compliance with changing regulations. At Bhayani Law, we specialise in providing expert legal advice to businesses navigating these complexities. Whether you need guidance on zero-hours contracts, redundancy consultations, statutory sick pay, or workplace flexibility policies, our experienced team can help you stay ahead of legal risks while maintaining a productive and engaged workforce.
Our Watertight HR & Legal Plans are a cost-effective solution designed to help organisations manage these ever-changing legal requirements. This fixed-fee HR & Legal support service ensures that you remain compliant with the latest employment laws while protecting your workforce and business interests. With Bhayani Law in your corner, we will guide you through every challenge, providing practical and strategic HR and employment law advice to keep your business running smoothly.
To learn more about our Watertight Plan, click here.
If you’re concerned about how these changes may impact your business, contact us today at 0333 888 1360 or email [email protected] for expert advice on employment law and HR solutions.
Stay Ahead of Employment Law Changes
These important legal changes need to be addressed to ensure businesses remain compliant and employees are protected. To stay informed about upcoming employment law developments and gain expert insights, we invite you to register for our Employment Law Annual Conference 2025: Planning for the Future. This conference will provide essential guidance on managing evolving workplace regulations and HR best practices.
Secure your place today by registering here.
