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UK workers on the right to switch off: ‘Uncompensated overtime should be illegal’


The UK government has promised to enshrine the “right to switch off” from work in law, penalising employers for contacting workers outside an agreed set of hours.

The policy, which is to be introduced as part of a new employment rights bill, could result in employers who repeatedly breach the agreement being forced to pay thousands in compensation at tribunals.

Seven UK workers across different industries share their views on the plans.

Children’s services worker: ‘It will have no impact as we know what needs doing’

I have a 30 hours a week contract. I routinely work at least three hours every weekend and my days are from 8am to 6pm. Lunch is eaten at my desk or in my car between visits. All my colleagues are in a similar position. The demand is huge and we can’t say we’re too busy.

It [the “right to switch off”] will have no impact as we know what needs doing so employers don’t need to contact us out of hours. There are methods to check if children have been seen, visits written up and meetings held. Thinking time, writing time is usually in my own time. Some of my recommendations have lifelong impacts on children’s lives so I have to feel confident in my opinion. Anonymous, south-west England

Housing manager: ‘I try to keep balance and perspective’

I’m in full support. I’ll be working for another 30 years and the thought of being asked to do more than what I’m paid for is exhausting. I’m already juggling childcare, house upkeep and professional development. I don’t have time, or any inclination, to do more. My ambition fizzled out when I was made redundant last year and I realised my efforts had not spared me or made me indispensable. Nothing [in my line of work] is so urgent it cannot wait, it [contact out of hours] is only a reflection of under-resourcing or someone else’s poor prioritisation. I try to lead like this – keep balance and perspective so we can all work openly knowing we are there to pay bills and have some adventures with the cash we’ve earned. Louise, east of England

Games industry worker: ‘Legislation should make uncompensated overtime illegal’

I work in the games industry and it’s normal for me to do around 60-70 hours a week. On average I easily work at least 12 hours a day from Monday to Friday and quite often a day or half a day during the weekend. The intention of the new policy is good but it’s written by people working a nine to five job without the understanding of the intricacies of the real world. When you work in a cross-disciplinary environment with people often spread across multiple time zones it’s close to impossible to stick to a schedule that will work for everyone.

What the legislation should focus on is making uncompensated overtime illegal. It should be, at the bare minimum, compensated with time off in lieu.

When you work on a product that never sleeps, sometimes with millions of users, the pressure doesn’t stop after your work hours, a delayed response can imply massive loss of users and revenue. Anonymous

HGV driver: ‘Legislation would give a clear indication on what our rights are’

I’m an HGV driver and, like most HGV drivers, we often work up to 15-hour shifts. Even though we are contracted to work 48 hours a week, or in my case a 50-hour contract, most of the time I regularly do 60-plus hours a week. A lot of HGV drivers do not want to work this many hours but feel pressured into doing so. That’s why there was a severe driver shortage a couple of years ago.

At the moment the working time directive is not fit for purpose as there are too many grey areas which employers can capitalise on. If there was legislation, that would give a clear indication on what our rights are. Kevin, Nottingham

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Chef: ‘The concept of overtime doesn’t exist for us’

In hospitality, for wage employees the concept of overtime does not exist. People are scheduled in for the hours the business needs. Some weeks that might be as low as 34 hours a week, sometimes as high as 60 or more hours a week. All hours are paid at the same rate – therefore there is no overtime. Some employers set a schedule for particular, law-abiding hours, but will require employees to work beyond those, not allowing 12 hours of rest between shifts.

The proposed legislation does not go nearly far enough. There is a clear need for a legal definition of full-time employment and limits on hours worked in that timeframe. Then we can talk about overtime. As it is, it only benefits white-collar employees, while millions in hospitality, construction, retail and other industries don’t even have a concept of overtime. Anonymous, 29, chef, London

Senior manager, FTSE 250 company: ‘How might it look if I start to work to rule?’

My contract is loose in terms of “overtime”. I technically don’t get paid for the extra hours as part of my contract. I like the idea of the new legislation but how would it be enforced? And how might it look to my employer if I, a senior leader in the organisation, apparently start working to rule? There’s a big cultural shift needed and I know its not just my employer, as friends experience similar in other companies. Kate, Midlands

Structural engineer: ‘Pressure can come from a number of sources’

I work overtime almost every day, including weekends. I don’t feel that the legislation will make any meaningful change to my situation. However, that is not to say that it is not a step in the right direction. The company I work for doesn’t contact me out of hours. However, working overtime is implied when a manager says: “These drawings need to go out today.” The pressure from working overtime can come from a number of sources. For project-based jobs there is pressure to meet contractual deadlines. If these deadlines are not met then it can result in claims against the business and a hit to my personal reputation.

Working overtime has helped my career. I have a reputation for being reliable, for working harder than most, and for delivering difficult projects. That said, I have since resigned and am looking to start my own practice partly for the reason that I will have more control over my own time and destiny. Josh, Nottingham



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