Increased compensation if contacted outside of working hours

Employees to be potentially owed increased compensation if contacted outside of working hours. Following the Labour government’s proposal to establish a ‘right to switch off’ for employees to create a barrier between working and home lives, it has been suggested that employees who are consistently contacted outside of their working hours could be entitled to compensation.

The policy will include a code of practice, developed in agreement between employers and employees, that outlines expectations, standard working hours, and appropriate times for contacting workers.

While a breach is unlikely to result in litigation, it could lead to thousands of pounds being added to employers’ compensation awards, as employees might use it as an aggravating factor to increase their potential payment and strengthen their chances of having a successful claim in the tribunal. Currently, if companies are found by an employment tribunal to have disregarded the ACAS codes of practice on grievances and disciplinary matters, the compensation awarded can be increased by 25%.

As part of a code of practice on the right to switch off, it had been emphasised that it will be up to an employment tribunal to assess the severity of the breach and decide whether compensation should be increased accordingly.

Employers should therefore be aware of this upcoming policy coming into force and be cautious when contacting employees outside of working hours consistently.

If you have any further questions on this matter, please contact one of the Employment Team who would be happy to help!

This article was written with the assistance of Ellie Thorpe.