UK Government set to ditch ‘right to switch off’ and make concessions on other employment rights

The government is set to abandon plans to introduce a legal right for employees to “switch off” outside working hours, in a move aimed at easing the burden of Labour’s employment reforms on businesses. The policy was a key element of Sir Keir Starmer’s pledge to establish a “new deal for working people.” Although it was not included in the Employment Rights Bill currently passing through Parliament, ministers had previously committed to implementing a right to switch off in the future.

Modelled on legislation introduced in France in 2017, the right to switch off was intended to tackle the “always on” work culture by preventing employers from expecting staff to be contactable outside of designated working hours. However, ministers will confirm its removal when they table amendments to the bill on Tuesday.

The decision has been driven by Business Secretary Jonathan Reynolds and Chancellor Rachel Reeves, who fear the measure would impose excessive compliance costs on employers. Reeves, who has faced criticism over her tax-raising budget in October, is seeking to restore business confidence and drive economic growth.

A government source said: “The right to switch off is dead. We have to lower business compliance costs as much as possible. Growth that puts money in people’s pockets is this government’s top priority. That means making Britain the best place to do business, and a key part of that is removing unnecessary barriers.”

Deputy Prime Minister Angela Rayner, who spearheaded Labour’s workers’ rights agenda while in opposition, has also agreed to the policy’s removal, though her level of support remains unclear. Labour’s employment rights strategy has already been rebranded as “Labour’s Plan to Make Work Pay,” with commitments on zero-hours contracts reworded to target only “exploitative” practices.

Since taking office, the government has faced pressure from business groups to soften its stance on employment rights. The Federation of Small Businesses warned in January that firms would be forced to cut jobs and curb hiring unless further changes were made to the legislation. Although Rayner remains the “strategic lead” on employment rights, Reynolds and Reeves have taken an increasingly prominent role in shaping policy.

As part of the amendments to the bill, ministers will also introduce a “lighter touch” approach to probation periods. Rather than the six-month maximum demanded by unions, the government will signal a preference for nine-month probation periods, allowing businesses greater flexibility when assessing new hires.

Employers see probation as a key safeguard, giving them the ability to dismiss underperforming employees more easily. Currently, there is no legal limit on probation periods, and new hires can be dismissed with just one week’s notice.

More than 850 companies—over twice the number of trade unions and worker representation groups—have responded to a government consultation on the proposed employment law changes. However, ministers have made it clear that not all union demands will be met, and the reforms will not take effect until at least autumn 2026.

Businesses are also preparing for tax rises due next month, stemming from Reeves’s autumn budget. Increases in the national minimum wage and employer national insurance contributions are expected to put additional financial strain on firms. While ministers have not openly admitted that the tax burden has gone too far, sources suggest there is growing recognition within Whitehall of the financial pressure businesses are facing—many still struggling with post-pandemic debt.

Despite the concessions, employers will not have everything their own way. Protections against unfair dismissal from day one of employment will remain, along with measures strengthening paternity leave, unpaid parental leave, and trade union rights. The government will also proceed with plans to curb zero-hours contracts by ensuring workers have individual rights to guaranteed hours.

A government spokesperson said: “It’s important that our changes to the Employment Rights Bill work for businesses. That’s why we’ve engaged extensively with employers to shape this legislation and ensure it reflects our partnership with businesses across Britain.

“We are introducing a new generation of workers’ rights to help raise living standards and grow the economy. Workers who are well treated are more likely to stay in their jobs and be more productive, creating the right conditions for businesses to thrive.”