No new deal for working people

It was a disappointing U-turn for advocates of mental health and wellbeing at work last week, as a Times report shared the UK government had scrapped Labour’s manifesto promise of the “right to switch off” (RTSO) from the Employment Rights Bill.

The policy, borrowed from successful measures implemented across several European countries was a core tenant of Kier Starmer’s ‘new deal for working people’ election campaign, and wrote into law, an employee’s right to disconnect from work communications outside office hours. It signified a large leap forward for the UK in formally acknowledging the mental health and wellbeing of its workforce. Arguably, its reversal will now have the opposite impact.

The timing of this decision is also less than ideal, as the Commission for Healthier Working Lives releases its final report highlighting the urgent need to address declining working-age health across the nation.

France pioneered the right to switch off worker protections in 2017, with Portugal, Spain, and Belgium subsequently introducing their own versions of the law. These policies were designed to establish clearer boundaries between professional and personal life in our increasingly digital, and informal, workplace environment.

According to research in the Journal of Occupational Health Psychology, psychological detachment from work during non-work time led to significantly enhanced recovery from work stress and fatigue. Other benefits of RTSO include better sleep quality and enhanced creativity and productivity. It has been demonstrated in numerous studies that, where work is concerned, quality over quantity benefits the employer as much as the employee. So why the change of heart?

Perhaps it was down to business lobbying groups that argued the right to switch off policy would restrict ‘workplace flexibility’ and damage UK competitiveness. The Confederation of British Industry had also previously warned that such legislation would "place unnecessary regulatory burdens on businesses already navigating complex economic challenges."

However, last year the Trade Union Congress (TUC) emphasised the importance of a RTSO policy: 

“Work intensification is a key problem facing workers in the UK. Polling commissioned by the TUC revealed that 61 per cent of workers feel exhausted at the end of most working days. And 55 per cent of workers feel that work is getting more intense and demanding, over time.”

Meanwhile TUC’s general secretary, Paul Nowak welcomed the government’s remaining employment reforms, stating, “Policies like banning exploitative zero-hours contracts, ensuring protection from unfair dismissal from day one, and tackling ‘fire and rehire’ are long overdue and necessary.”

Mental health experts point to rising rates of work-related stress, anxiety, and burnout. A recent survey by the Mental Health Foundation found that 68% of UK workers regularly check work emails outside business hours, with 41% reporting negative impacts on their wellbeing as a result.

Against this backdrop, the Commission for Healthier Working Lives has published its final report, "Action for healthier working lives," which outlines comprehensive recommendations to address the decline in working-age health.

The report comes as record numbers of working-age people in the UK unable to work due to ill-health. Established by the Health Foundation, the independent Commission sought to build consensus on actions needed from both government and employers to meet the UK’s growing working-age health challenge.

In response to the Commission’s findings, Katharine Moxham, spokesperson for GRiD (Group Risk Development), the industry body for group risk, offered a positive assessment:

"We’ve all seen that there are record numbers of working-age people in the UK who are not working because of ill-health…We see this as a welcome contribution in highlighting what it is that employers need to do to improve workplace health, recognising best practice and an endorsement of the Vocational Rehabilitation (VR) model that insurers use as standard alongside Group Income Protection (GIP)," Moxham stated.

"This recognition is welcome in shifting the debate towards how more of the working population could gain access to the back-to-work help that GIP provides through VR, and how best to fill gaps in employer support for people when they find themselves unable to work for an extended period for reasons of ill-health."

GRiD also welcomed The Commission’s report specifically acknowledging the potential for a more significant role for insurance in supporting workplace health initiatives. 

Nevertheless, the "overtime epidemic" is taking a toll on UK workers, according to research from workforce management firm Protime UK. Their survey revealed that 38% of employees experience reduced productivity when working extra hours—whether required or due to perceived obligations. Additionally, 29% acknowledged a decline in their work quality when putting in overtime. The impact extends beyond performance metrics, as the study found significant wellbeing concerns: 53% of workers reported heightened stress levels, 41% experienced burnout symptoms, and 25% skipped taking holiday leave because of their excessive workloads.

Workplace health experts note that the timing of these developments—the abandonment of right to switch off protections alongside calls for better workplace health practices—creates a contradictory message about the government’s commitment to worker wellbeing.

Meanwhile, employers are increasingly caught between competing pressures: driving productivity while supporting employee wellbeing in a challenging economic environment. Progressive organisations are developing their own policies to limit after-hours communications, but without legislative backing, such initiatives remain inconsistent across industries and dependent on individual corporate cultures. 

Now workers must rely on the goodwill of their employer or sheer luck regarding this particular workplace condition, rather than enjoying government-guaranteed protections that safeguard both their professional dignity and personal wellbeing.