Transaction

jmetaB02ddf5573e3f20503036e2d81c0b850c4083504579b8e3f276f2ebcb1e26f0210b@df9fe59142e8384a6970c15c298c7eb05eefe661be8e6833cafbf051e80bfbd1rss.itemmetarss.netM"<item><description><![CDATA[<a href="https://www.thetimes.com/uk/politics/article/staff-contacted-out-of-hours-may-get-thousands-more-in-compensation-hm5dxs73r"><img src="https://www.thetimes.com/imageserver/image/%2Fmethode%2Ftimes%2Fprod%2Fweb%2Fbin%2Ff50c913d-63c9-4208-a70e-c1f152da7dfa.jpg?crop=5000%2C2813%2C0%2C260&resize=1200" /></a><div><div><p>Workers who are consistently contacted by their bosses outside normal working hours may get thousands of pounds more in compensation at employment tribunals under plans being considered by the government.</p><p>Labour has committed itself to introducing a right to switch off, allowing workers to separate their work and home lives, and is looking to examples in Ireland and Belgium for inspiration.</p><p>The policy will involve a code of practice agreed by employers and employees, setting out expectations of normal working hours when staff should expect to be contacted. </p><p>The Times understands that employers who repeatedly breach an agreement could have thousands of pounds added to their compensation bills if they are taken to tribunal. </p><p>Although breaching an out-of-hours code of practice is unlikely to warrant<span> litigation by itself, employees would be able to use it as an aggravating factor in a broader claim, improving their chances of winning the claim as well as increasing their potential compensation. </span></p><span><div><div><div></div></div></div><p>At present, if companies are shown at an employment tribunal to have ignored codes of practice, set out by the conciliation service Acas, on grievances and disciplinary matters the amount of compensation awarded can be increased by 25 per cent as the breaches are seen as aggravating factors.</p><p>Present examples set out by Acas include failing to record disciplinary procedures in writing and failing to allow employees to be accompanied in meetings. </p><div><div><div><div><div><div><img src="https://www.thetimes.com/imageserver/image/%2Fmethode%2Ftimes%2Fprod%2Fweb%2Fbin%2F4b3ce626-453a-4c39-a957-008fb9aa800e.jpg?crop=5000%2C3335%2C0%2C0" /></div></div></div><div><div><div><div><div>The government is likely to insist that companies over a certain size agree a code of practice on the right to switch off</div><div>GETTY IMAGES</div></div></div></div></div></div></div></div><p>Acas is an independent public body that deals with workplace relations. It gives free advice on workers’ rights, best practices and policies and resolving workplace conflict, as well as conciliation and arbitration services. Employers do not have to follow Acas policies, but not doing so can lead to larger payouts if employees are wronged. </p><p>The Times has been told that ministers are considering a similar penalty if companies are shown to repeatedly breach agreements on <a href="https://www.thetimes.com/comment/columnists/article/readers-poll-should-employers-be-banned-from-contacting-staff-outside-working-hours-50vvvcr6c">out-of-hours working</a>, and experts believe that this could reach thousands of pounds.</p><p>A government source said the details of what a “right to switch off” policies would look like were still being worked out. “This is an ongoing discussion, we’ve not settled on a position yet, [but] it has to be specific to each workplace and therefore it has to be something that businesses and their workforce agree among themselves rather than a diktat — and we’re conscious of the disproportionate impacts of these sort of policies on smaller businesses, that will factor in to how we draft it,” they said.</p><div><div><div></div></div></div><p>Ben Smith, senior associate at the employment law firm GQ Littler, said: “I expect [the changes] will include a new code of practice from Acas which will put the onus on employers to implement policies and practices. I expect, though, that this will be fairly broad guidance on principles and best practice, and would give employers the scope and flexibility to find the right balance for their business — but there will be tricky issues to think through.”</p><p>It could also be more difficult for businesses to defend any claims if they do not have a “right to switch off” policy in place. Smith added that he expected the changes to have little day-to-day impact but that the “big unknown” was what the “teeth” of the policy would be.</p><p>He said that if it included the power to increase compensation, this would go further than present schemes abroad, “so it remains to be seen how far Labour will push this topic”.</p><p>The right to switch off is part of a <a href="https://www.thetimes.com/business-money/companies/article/labours-plans-for-workers-from-pay-rises-to-zero-hour-contracts-5x7mbp3m6">suite of reforms to workers’ rights being introduced by Labour</a>. Other measures include a ban on exploitative zero-hour contracts, and the rights to sick pay and protection against unfair dismissal from day one after probation.</p><p>Polling by the IPPR think tank found that the overhaul was popular with voters and 61 per cent agreeed that workers’ rights needed to be strengthened. This was higher, at 72 per cent, among Labour voters but was also supported by 65 per cent of those who had voted Conservative in 2019 and swapped to Labour this year.</p><div><div><div></div></div></div><p>The poll found that every constituency had a majority or plurality of people who thought workers’ rights should be strengthened, adding that “constituencies differ only by the strength of this feeling”. However, some <a href="https://www.thetimes.com/article/give-us-a-say-on-workers-rights-plead-businesses-bxg2fdhks">business groups still have concerns</a>, especially about the introduction of day-one rights and the effect that it will have on small businesses.</p><p>Many of the new measures will be tabled in the <a href="https://www.thetimes.com/article/dont-rush-workers-rights-reforms-business-warns-labour-2x8c87vqd">Employment Rights Bill</a>, expected to be brought forward in September when parliament returns, before being put out to consultation.</p><p>• <a href="https://www.thetimes.com/article/right-to-disconnect-rules-company-emails-wfh-0qb6qsk6r"><b>Could work emails be banned after 5pm — and how do other countries do it?</b></a></p><p>When it was first proposed, the right to switch off was understood to be envisaged as being enshrined in law, but has been watered down to recognise different working patterns and that there is not a one-size-fits-all solution. </p><p>This means that although the government is likely to insist on companies over a certain size having to agree a code of practice, it will not dictate what should be in any agreement. “The key point here is we will not be imposing things on businesses that they have not agreed to,” a government source said.</p><div><div><div></div></div></div><div><div><div></div></div></div><p>In Ireland, one of the places understood to be inspiring the policy, employers and employees — often with the input of unions — develop “right to disconnect” policies setting out the normal working hours of employees and the circumstances in which they can be contacted out of hours. </p><p>Policies can recognise that some businesses will not operate on standard hours and will need to respond to demand. It is not legally binding but breaches can be used in claims over employment rights.</p><p>In Belgium the policy is backed by legislation and applies to businesses employing more than 20 people and all government employees. However, failing to follow the code is not an offence in its own right.</p><p>In Portugal, the most recent country to introduce similar measures, the policy is backed by law and can see businesses landed with fines of up to €10,000. </p><p>A second government source said: “The direction of travel we’re not following is where they’ve taken a more blunt instrument approach where it hasn’t taken into account the diversity of sectors and roles. But you can do this is a more elegant and sophisticated way. You can tackle the issue in a way that’s pragmatic and will benefit employers and workers.”</p></span></div></div>]]></description><pubDate>Sun, 18 Aug 2024 21:00:00 GMT</pubDate><link><![CDATA[https://www.thetimes.com/uk/politics/article/staff-contacted-out-of-hours-may-get-thousands-more-in-compensation-hm5dxs73r]]></link><dc:creator><![CDATA[]]></dc:creator><title><![CDATA[Staff contacted out of hours may get thousands more in compensation]]></title><guid isPermaLink="true"><![CDATA[https://www.thetimes.com/uk/politics/article/staff-contacted-out-of-hours-may-get-thousands-more-in-compensation-hm5dxs73r]]></guid></item>