The final report of the Keep Britain Working review, carried out by Sir Charlie Mayfield, has been published. The report sets out recommendations for the Government, aimed at “turning the tide” on ill-health and disability in the workplace, including addressing mental health at work, retention of older people in work and improving participation and retention of disabled people in work.
The House of Lords’ Home-based Working Committee’s report, Is Working from Home Working?, identifies how remote working can enable people to work who might not otherwise be able to do so, due to a disability or sickness and support the Government’s plans to get back people back to work.
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A “right to switch off” proposal being considered by the Government would mean that employers are restricted from contacting workers by phone or email outside working hours.
It is likely that this right will be introduced by way of a code of practice, rather than new legislation, but ignoring such a code could mean that any compensation awarded to an employee could be increased by as much as 25% in the event of a tribunal claim.
The Chartered Institute of Personnel and Development (CIPD) has pointed out that the introduction of a code of practice should allow employers to develop approaches which work for both them and their staff.
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It has also called for a degree of flexibility to be applied to enable employers to contact employees outside normal working hours where unforeseen circumstances require this, for example due to sickness absence.
CIPD head of public policy, Ben Willmott, said: “There will be different demands for this type of flexibility depending on the sector and the nature of people's jobs, which would need to be recognised in the code of practice. Developed in the right way, in consultation with employers, such a code can help promote what is already adopted as good practice in many organisations and support workers' work-life balance and wellbeing.”
Employers will need to ensure they have clear policies which are aligned to any new code, clarifying the circumstances where managers can and cannot contact staff outside their usual working hours, he concluded.
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