The shift to remote and hybrid working following the COVID-19 pandemic has blurred the boundaries between professional and personal life, contributing to an “always-on” workplace culture. Many employees now feel pressure to respond to emails, messages, and calls outside normal working hours, leading to increased stress, fatigue, and burnout. In response, the concept of a “right to disconnect” has gained traction as a way to help workers switch off outside agreed hours.
While this was included in the Labour Government’s "Plan to Make Work Pay" and Employment Rights Act 2025 reform plans, there is currently no statutory right to disconnect in the UK. Instead, it is expected to be introduced through a Code of Practice. Although not legally binding, this may still carry weight in employment tribunals when assessing disputes.
In the meantime, employees remain bound by their contracts and cannot usually refuse overtime where it is required. However, existing protections under The Working Time Regulations 1998 still apply, including limits on average weekly working hours and entitlement to rest breaks.
This guide explores what the right to disconnect means, why it matters, how it is used in other countries and the current UK protections. We also look at what the proposed Code of Practice may involve, and the steps employers can take to support healthier work-life boundaries.
Summary
- The “Always-On” Work Problem
- Why Does the Right to Disconnect Matter?
- How Other Countries Have Approached the Right to Disconnect
- What Is the UK Government Proposing?
- What Are the Current Legal Protections in the UK?
- Employer Concerns and How to Address Them
- What Does a Right to Disconnect Policy Typically Cover?
- What Should Employers Do Now?
The “Always-On” Work Problem
An “always-on” work culture is an increasingly common issue, where employees feel expected to remain contactable and engaged with work communications outside their contracted hours. Research carried out by REBA suggests that around 75% of workers respond to messages out of hours, either because it is expected of them or to stay on top of their workload.
The rise of digital communication tools, alongside remote and hybrid working, has further blurred the boundary between professional and personal life. As a result, many employees find it difficult to switch off, contributing to higher levels of stress, fatigue, and burnout. Constant connectivity can also lead to anxiety and reduced overall wellbeing, ultimately affecting productivity. In more serious cases, prolonged working hours have been linked to increased risks of health conditions such as heart disease and stroke.
A right to disconnect seeks to address these challenges by giving workers the ability to disengage from work outside normal hours. In practice, this means employees would not be expected to routinely perform work-related tasks or respond to communications after their working day ends, without fear of negative consequences.
Why Does the Right to Disconnect Matter?
The right for employees to disengage from work communications outside working hours without penalty is increasingly important in modern workplaces.
First, constant connectivity blurs the line between professional and personal life. When employees feel pressure to remain available at all times, stress builds and can lead to burnout. Being able to switch off protects recovery time, which is essential for both mental and physical health.
Second, without clear boundaries, work can gradually extend into evenings, weekends, and holidays. The right to disconnect reinforces that personal time is not only acceptable but necessary. It also challenges the expectation that productivity is tied to constant availability.
Third, rest actually improves performance. Employees who are well-rested tend to concentrate better, make fewer errors, and think more creatively. In that sense, disconnecting supports sustainable productivity rather than undermining it.
There is also an equity dimension. An “always-on” culture disproportionately affects people with caregiving responsibilities or those working flexible schedules, making it more difficult for them to compete on equal terms.
Finally, chronic overwork increases fatigue, which raises the risk of mistakes and workplace accidents happening, particularly in safety-critical roles.
How Other Countries Have Approached the Right to Disconnect
Countries have adopted a range of approaches to the right to disconnect, combining legislation, collective bargaining, and guidance to address the risks of an “always-on” work culture.
In France, a pioneer in this area, companies with more than 50 employees must negotiate with staff representatives on policies governing out-of-hours communication, encouraging tailored agreements rather than strict rules. Similarly, Italy has introduced provisions linked to remote work that recognise employees’ right to disconnect, again favouring flexible arrangements.
In Belgium, public sector employees were initially granted the right to disconnect without penalty, with later reforms extending similar expectations into the private sector. Employers are expected to set clear guidelines on availability and communication outside working hours.
More recently, Australia has taken a firmer approach, allowing employees to refuse to monitor or respond to work contact outside working hours unless that refusal is unreasonable, creating a more enforceable right.
By contrast, Ireland has adopted a softer, non-legislative approach through a Code of Practice focused on cultural change. It outlines three core principles: the right not to routinely work outside normal hours, the right not to be penalised for refusing to do so, and the responsibility to respect colleagues’ right to disconnect.
Across these countries, exceptions are generally allowed for emergencies or roles requiring continuous availability.
What Is the UK Government Proposing?
The UK government proposed a right to disconnect as part of its Employment Rights Act 2025 reforms, but it was not included in the initial wave of changes that took effect in late 2025 and early 2026.
Instead, it has indicated its intention in Parliament to take a softer approach, which will likely mirror the Irish model, where guidance, rather than a strict statutory rule, sets expectations around out-of-hours contact. As a result, there is unlikely to be a standalone legal claim for breach of the right to disconnect. In other words, employees would not be able to bring a claim solely on that basis.
However, the proposed Code of Practice could still have meaningful legal impact. Employment tribunals will be expected to take it into account when assessing relevant claims, such as constructive dismissal or discrimination. Where an employer fails to follow the Code, compensation may be increased, potentially by up to 25%.
Although not legally binding in itself, a Code of Practice can carry significant weight in shaping workplace behaviour. It is expected to encourage employers and employees to agree clear, practical arrangements around working hours and out-of-hours contact, tailored to the needs of the business rather than imposed through a rigid statutory framework. In this way, the proposed Code may indirectly strengthen employees’ ability to challenge unreasonable “always-on” expectations, while preserving flexibility for employers.
While full details are still awaited, the proposals represent an important step towards addressing the challenges of constant connectivity in the modern workplace.
What Are the Current Legal Protections in the UK?
While there isn’t a specific right to disconnect in UK law at present, employees still have a range of protections in place against excessive working. Existing legal frameworks set boundaries on working time and impose duties on employers that can help prevent an “always-on” culture
The Working Time Regulations 1998 provide the most direct safeguards. They limit the average working week to 48 hours (unless an employee has opted out) and entitle workers to minimum rest periods, including daily and weekly breaks. While these rules do not explicitly prevent employers from contacting staff outside working hours, they do limit how much employees can be required to work or remain available.
In addition, employers have a duty under health and safety legislation to protect employee wellbeing, meaning they must manage risks linked to excessive working hours, fatigue, and stress. If an “always-on” culture contributes to burnout or ill health, employers may be expected to take reasonable steps to address it.
Employment contracts also play a key role. An employee’s obligation to respond to out-of-hours communications often depends on contractual terms. Where contracts include flexibility or overtime requirements, refusing additional work may be difficult, but expectations that go beyond what was agreed could still give rise to disputes.
Finally, employees may have recourse through employment law claims in certain situations, such as unfair dismissal or constructive dismissal where they are penalised for not engaging outside working hours.
Employer Concerns and How to Address Them
While the idea of a right to disconnect is gaining support, many employers understandably have concerns about how it will operate in practice. The main challenge is balancing business needs with employee wellbeing.
One common concern is loss of flexibility and responsiveness, especially in fast-paced or client-facing industries. Employers may worry that restricting out-of-hours contact could affect customer service or global operations across time zones. This can be addressed by defining what constitutes genuine urgency and introducing structured on-call or rota systems, ensuring availability is planned rather than assumed.
Another concern is reduced productivity or delays in decision-making. However, evidence increasingly suggests that well-rested employees are more focused and effective during working hours. Employers can reduce disruption by setting clear communication protocols, such as expected response times and using scheduling tools, so work continues without requiring constant availability.
Employers also raise concerns about operational complexity, particularly in organisations with varied roles and working patterns. A one-size-fits-all approach is unlikely to work. Instead, businesses should adopt tailored policies that reflect different functions while maintaining appropriate structure.
Finally, some employers worry about increased legal risk, particularly if a Code of Practice is introduced. A proactive approach is often the most effective: reviewing working practices, documenting expectations, and demonstrating reasonable steps to support employee wellbeing. Even where rules are not strictly binding, demonstrating compliance with recognised good practice can help strengthen an organisation’s position in the event of a dispute.
What Does a Right to Disconnect Policy Typically Cover?
A right to disconnect policy is designed to set clear expectations around working hours and communication, helping to establish healthier boundaries between work and personal time. While content will vary between organisations, most policies cover several key areas.
Firstly, they define normal working hours and make clear when employees are expected to be available, including arrangements for flexible or hybrid working to ensure expectations are transparent.
Secondly, policies address out-of-hours communication, often limiting non-urgent emails, calls, or messages outside working hours, or encouraging tools such as delayed sending. They may also set expectations around response times, making clear that immediate replies are not required outside scheduled hours.
Another key element is guidance for managers and leadership, who are expected to model appropriate behaviour by respecting boundaries and avoiding unnecessary out-of-hours contact, helping to shape workplace culture and reduce pressure to remain “always on.”
Policies also typically include exceptions for emergencies or specific roles requiring out-of-hours availability, which should be clearly defined and, where appropriate, compensated.
Finally, they set out reporting and enforcement procedures, explaining how employees can raise concerns if boundaries are not respected. While not usually legally binding, these policies help establish expectations and support a healthier working culture.
What Should Employers Do Now?
Below are a few practical steps employers can take now to prepare for the likely introduction of a right to disconnect:
- Review current working practices to ensure expectations around availability and out-of-hours communication are clear, consistent, and realistic. Where needed, internal policies should be introduced or updated to formalise these boundaries.
- Introduce a wider cultural shift, led from the top, that reinforces the importance of respecting employees’ non-working time. Managers in particular play a key role and should be encouraged to model appropriate behaviour by avoiding unnecessary out-of-hours contact and setting the right tone for their teams.
- Assess whether workloads are genuinely achievable within normal working hours, as repeated reliance on evening or weekend working may indicate underlying resourcing or process issues. Engaging with employees can help identify pressure points and ensure that any changes introduced are practical and effective in real working conditions.
- Introduce practical measures such as clear expectations around response times, the use of scheduling tools like delayed email sending, and well-defined escalation routes for urgent issues. These steps help reduce ambiguity and prevent unnecessary disruption outside of working hours.
Ultimately, preparing for a right to disconnect is about more than compliance. It is about embedding sustainable working practices that protect employee wellbeing while maintaining productivity and performance over the long term.
Next Steps
The move towards recognising a right to disconnect reflects a wider shift in how work is structured and experienced in the modern workplace. While UK law has not yet introduced a formal legal right, the direction of travel is clear: employers are increasingly expected to take active steps to protect employee wellbeing and set clearer boundaries around working time.
At Witan Solicitors, we support employers in navigating evolving employment law obligations and developing practical, compliant workplace policies. If you would like advice on reviewing your current approach or preparing for upcoming reforms, our employment law team is here to help. Contact us on 0300 303 2071 or email us for more information and advice.
FAQs
What Is the Proposed “Right to Disconnect”?
The UK Government has proposed a right to disconnect as part of wider employment reforms. It is expected to be introduced through a Code of Practice rather than strict legislation. This would guide employers on managing out-of-hours contact and setting expectations, rather than creating an absolute legal right.
Can I Be Disciplined for Not Responding Out of Hours?
It depends on your contract and circumstances. If you are not contractually required to be available, disciplining you for not responding could raise legal issues. However, this will depend on the role and whether reasonable expectations have been clearly set.
Does the Right to Disconnect Cover Remote and Hybrid Workers?
Yes. While there is no formal right in the UK, existing protections and any future Code of Practice would apply regardless of whether employees work remotely, in the office, or in a hybrid arrangement.
What Laws Currently Protect My Working Hours?
The main protections come from the Working Time Regulations 1998, which include limits on average weekly working hours, daily and weekly rest periods, and entitlement to breaks during the working day.
What Should I Do if I Feel Pressured to Work Outside My Hours?
You may wish to raise the issue internally first, such as with your manager or HR. If it continues, you could use your organisation’s grievance procedure or seek legal advice, particularly if it is affecting your health or wellbeing.
