By Simon Kent
In a recent social media post, Brewdog Co-founder James Watt and his fiancée Georgia Toffolo said that the idea of work-life balance was an invention by people who hated their job. However, the overwhelming evidence suggests that not being able to switch off from work, at least for the vast majority of employees, leads to stress and burnout. So much so that the U.K. government is actively eyeing legislation to give workers the right to switch off, preserving some part of the day from an otherwise 24-hour up time.
The legislation isn’t a new idea. France has the right to switch off, which cost Rentokil a fine of €60,000 when they breached the rules in 2022. Kelly Thomson, employment partner and ESG lead at law firm RPC, notes other countries have addressed the issue legislatively too. “In Australia, employers in breach of the right to disconnect risk litigation and hefty fines of up to $94,000,” she says. “In Belgium, while there are no specific sanctions for non-compliance, this could form part of a wider breach of workplace well-being obligations, which may result in criminal liability. In Ireland, a failure to comply with the code of practice on the right to disconnect will not amount to an offence but it may be admissible in any proceedings relating to the employee's working hours.”
What’s interesting to note is the way that the right not to work—for want of a better phrase —may not form the basis of a case in itself, but be a contributory factor in others. “It's likely that the route to enforce the right to switch off in the U.K. would form part of another substantive claim brought by the individual in the employment tribunal such as unfair dismissal,” explains Thomson, “which could result in a potential increase to any compensation awarded if that other substantive claim succeeds.”
“Truly flexible work ensures employees can work at times that suit them best, which is pivotal to retaining a diverse workforce.”
But is it ever possible to leave work behind? And more importantly, would a piece of legislation curtail circumstances where working outside usual hours is acceptable, even necessary? “While I understand the intent behind the legislation, I think its practicality depends largely on the nature of the work and the individual preferences of employees,” says Louis Perkins, people and culture manager at marketing agency Seed. “Some people thrive by working early or late, and for those individuals, a rigid restriction on communication could feel counterproductive.”
