Employment Rights Bill

Debate between Lord Goddard of Stockport and Baroness Jones of Moulsecoomb

Committee stage
Tuesday 3rd June 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I will again speak on behalf of my noble friend Lady Bennett of Manor Castle.

Amendment 141B is a no-brainer; I believe the noble Lord, Lord Goddard, referred to it as blindingly obvious. It would give workers the right to disconnect, which is already available to French workers; I am sure that many noble Lords have heard about that, since its introduction was seen to be world leading at the time. I am sure that many British workers expected to have exactly the same right as a result of this Bill, given the widely covered promises that the Labour Party made over recent years before it was in government.

I quote the Labour Party 2022 Green Paper on employment rights, as it is unequivocal on this issue. It says:

“Labour will bring in the ‘right to switch off’, so working from home does not become homes turning into 24/7 offices. Workers will have a new right to disconnect from work outside of working hours and not be contacted by their employer outside of working hours”.


That is very clear. By June 2024, the party had fleshed that out with an explanation in the document, Labour’s Plan to Make Work Pay:

“The pandemic has led to a step change in flexible and remote working practices in many workplaces, which … inadvertently blurred the lines between work and home life”.


That is extremely worrying. The headline in that 2024 text is: “Right to switch off”.

Unfortunately, backtracking is already evident, but the promise to the electorate is more equivocal:

“We will follow similar models to those that are already in place in Ireland or Belgium, giving workers and employers the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties”.


However, the headline was: “Right to switch off”. I think most people would have read that and hoped for a more balanced and less harassed life.

The Green Party is always keen to help any Government. Here, we would like to help the Government live up to the promises they made to an exhausted and overstretched group of workers, who find themselves trapped with a boss who expects them to answer emails from the sideline of their child’s netball match or to take a client’s call when they are on holiday. The promise from the Government has been that they intend to introduce a statutory code of practice instead. That does not mean that such contact will be illegal or even prohibited, but if an employee can prove that they are routinely being contacted outside of their contracted hours then this can play a role in an employment tribunal payout. On the previous amendment, the Minister mentioned that it is possible to make complaints. Most people do not do that; it takes too long and they do not have the expertise to do it, and they may not even have the energy to do it—that is fair enough. Tribunal cases are possible but they are extraordinarily rare and extremely slow.

We have a health crisis in the UK—an overworked crisis—and a huge imbalance in the power relationships between employers and employees, as many other parts of the Bill point out. In the Green Party, we are always constructive. This amendment provides the Government with a chance to live up to their promise to the electorate to empower workers and to help them remain healthy and engaged in their family and community lives, not for ever distracted by having to check their phone. After all, the economy is there to serve people; it is not for people to serve the economy. I beg to move.

[Lord Goddard of Stockport (LD)]

My Lords, I will briefly clarify the situation. I have just checked with my party, and we are not in coalition with the Green Party, that is for sure. But the noble Baroness, Lady Jones, on behalf of the noble Baroness, Lady Bennett, makes a valid point. It is valid because of the societal change post Covid, where the number of people working from home now is exponential to what it was before Covid.

I go back to my days as a British Gas engineer, when I had a bleeper and was on call. We would dread the bleeper beeping, but I was on emergency calls and so I had to go out and do it. That was then and this is now.

There are so many people who are working from home who cannot switch off—the emails and alerts come through on their mobile phones. There needs to be some recognition of that within the legislation. Clearly, some organisations may need to contact people, but that should be by an arrangement that is agreed and supported by both parties. We are almost in a cowboy society again, where an unscrupulous company director of a small business with a small number of people wants to get things done and the deal has got to be made tonight—at 10 pm or 11 pm, when children are in bed—and so the phone goes and you have got to do it. If you do not, you face the consequences. These employees are probably not unionised, so it is difficult for them to resist. It is a never-ending circle.

I would like the Government to understand the importance of considering the framework set out in this amendment to provide a fair and practical approach that looks after the worker but protects the legitimate needs of the employers. It comes back to this idea of reasonableness and proportionality—the thread that seems to run through all this legislation. If it is reasonable and proportional then by and large it is fairly acceptable, but you have always got the unscrupulous person on either side. I have seen employees on call who have not replied when they should have, and they have been disciplined. That is correct; if you have an agreement and are on call, but you do not do it, there is a price to be paid.

The pendulum swings very slowly one way but very fast the other, to all those people who are working from home now and have no protection from the unscrupulous employer who just wants results 24 hours a day. We live in a 24-hour society—there is no escape from it. It happens with Ministers, spokespeople and friends I know. I have to turn my phone off—sometimes at 9 pm I switch the thing off until the morning, and then I get messages asking why I did not answer it. My answer is, “Because it was quarter to one in the morning and I was fast asleep”. These messages are from friends and colleagues. If you put that in the context of a work environment, where it is about your livelihood, marriage and children, it comes more into focus. I want the Government to look at this and see that there must be a way that we can strike a balance between the needs of an employer and the rights of a worker.