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. While several EU countries have enacted legislation (France, Ireland, Belgium, Portugal), the UK does not yet have a specific statutory right — but it is firmly on the legislative agenda.
Current UK Position
There is no standalone "right to disconnect" law in the UK. 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
Proposed Reforms
The Employment Rights Bill includes provisions for a statutory Code of Practice on the right to disconnect. This is expected to:
- Establish guidelines for out-of-hours contact
- Require employers to set clear expectations about availability
- Protect employees from detriment for not responding outside hours
- Apply to all workers, not just employees
Best Practice for Employers Now
Smart employers are getting ahead of the legislation:
- 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.