The right to disconnect is the principle that employees should be able to switch off from work outside their contracted hours without fear of repercussions. Several EU countries have enacted legislation (France, Ireland, Belgium, Portugal), but the UK has not — and the government's proposed statutory Code of Practice has been shelved.
Current UK Position
There is no standalone "right to disconnect" law in the UK, and none is currently timetabled. However, existing regulations provide some framework:
- Working Time Regulations: Set maximum working hours (48 per week on average), minimum rest periods (11 consecutive hours between shifts), and weekly rest (24 hours per 7-day period)
- Health and Safety: Employers have a duty to manage stress and prevent burnout — expecting constant availability can breach this duty
- Implied duty of trust and confidence: Persistently contacting employees outside hours could breach this implied contractual term
What Happened to the Proposed Law?
A "right to switch off" was part of the government's original Plan to Make Work Pay, expected to arrive as a statutory Code of Practice. However, the proposal was not included in the Employment Rights Act 2025, and the government confirmed in 2025 that the Code of Practice had been shelved. Ministers say the commitment remains in principle, but there is no consultation underway and no timeline — so employers should not expect a statutory right to disconnect in the near future.
Best Practice for Employers
Even without legislation, a healthy disconnect culture reduces burnout, absence, and turnover:
- Set clear expectations — define what "urgent" means and when out-of-hours contact is appropriate
- Use email scheduling — send emails during business hours even if written outside them
- Lead by example — senior management behaviour sets the culture
- Include it in your handbook — a clear policy sets expectations for everyone
- Monitor workloads — if employees are regularly working late, the issue is workload, not willpower
- Review role requirements — if out-of-hours availability is genuinely needed, make it a clear contractual term with appropriate compensation
Our contracts and handbooks service can help you develop a right to disconnect policy. Get in touch.