The Chartered Institute of Personnel and Development (CIPD) has called for the government’s proposed ‘right to switch off’ to be developed with a focus on flexibility and in consultation with employers.

The CIPD, which represents HR and people development professionals, emphasises that any new legislation should allow employers some leeway to contact employees outside of normal working hours in unforeseen circumstances.

Ben Willmott, head of public policy at the CIPD, highlighted the need for a balanced approach. “It’s important that any new ‘right to switch off’ is introduced with sufficient flexibility to enable employers to contact employees outside normal working hours where unforeseen circumstances require this, for example due to sickness absence,” Willmott stated.

Development of a Code of Practice

The CIPD suggests that the most likely approach to introducing this new right will be through a code of practice. Such a code should allow employers to create strategies that accommodate both the needs of the business and the wellbeing of their employees. Willmott noted that different sectors and job roles will have varying demands for flexibility, and these should be taken into account when developing the code.

“A code of practice, developed in consultation with employers, can help promote what is already considered good practice in many organisations. It can also support workers’ work-life balance and wellbeing,” Willmott added.

To align with any new code, employers will need to ensure they have clear policies in place. These policies should define the circumstances under which managers can contact staff outside their usual working hours. The CIPD stresses the importance of clarity in these policies to ensure that both employer needs and employee rights are respected.