Workers at small businesses ‘must get right to switch off’

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1. Workers at small companies must get the “right to switch off” and flexible working, a powerful union chief has warned amid suggestions ministers could exempt some firms from a flagship package of new employment rights.

   Paul Nowak, general secretary of the Trades Union Congress (TUC), told [**i**](https://www.thetimes.com/uk/politics/article/large-fines-for-businesses-that-break-new-workers-rights-laws-w9npntjg9) that exempting smaller firms from aspects of Labour’s controversial new workers’ rights package would create a “two-tier workforce” and would ultimately be “unworkable”.

   It comes after [**i**](https://www.thetimes.com/uk/politics/article/large-fines-for-businesses-that-break-new-workers-rights-laws-w9npntjg9) revealed ministers are considering [exempting millions of workers in smaller companies from the right to switch off](https://inews.co.uk/news/politics/millions-workers-not-get-right-switch-off-who-3235103?ico=in-line_link) – not to be contacted by their work outside contracted hours – although different approaches could be applied for different types of business.

   *The Times* [this week ](https://www.thetimes.com/uk/politics/article/large-fines-for-businesses-that-break-new-workers-rights-laws-w9npntjg9)reported calls from small businesses to be exempt from paying fines for breaching the Government’s new employee protections, which ministers plan to administer via a new Fair Work Agency for enforcement of workers’ rights.

   But speaking to [**i**](https://www.thetimes.com/uk/politics/article/large-fines-for-businesses-that-break-new-workers-rights-laws-w9npntjg9) ahead of the TUC’s annual Congress next week, Nowak said: “I think that will be a real mistake, because you’re in danger of creating a two-tier workforce.

   “First of all, I think it completely misreads or miscasts the role of small businesses.

   “Lots of small businesses treat their staff well and with respect, and give them decent terms and conditions, so we shouldn’t accept that somehow small businesses can’t provide good employment rights to people, only large companies can do that.

   “I don’t think, if you sit back and look at it seriously, anyone really thinks a small employer should be exempted from paying the national minimum wage, paying paid holidays, keeping people safe at work, providing a pension? Of course they shouldn’t.”

   Nowak said small firms could be given additional Government support to deliver the new package of protections, including rebates for day one statutory sick pay or practical advice.

   But he warned that trying to exempt small firms completely could be impossible to enforce and could lead to “perverse unintended consequences” like larger firms “gaming the system” by splitting up their workers into lots of different companies.

   “The potential for confusion, I think, is legion.

   “Are we going to switch on the employment rights when an employer goes from employing 250 people to 251? It’s just unworkable.

   “It would make it very hard for workers to know what their rights were, and it would make their rights unenforceable.

2. Wow. My employer is very strict on NOT contacting workers out of hours and will not even give most personnel a work mobile phone so that the expectation of out of hours contact by our customers is rebuffed.

3. No all business not just small ones, if you don’t get paid, don’t do the work. I have a work laptop and mobile phone it has never left the building. Because they don’t pay me after 5pm