The idea of a right to disconnect has gained momentum as digital tools continue to blur the line between work and personal life. Emails, messaging apps and remote access systems make it easy to stay connected at all hours. But truly switching off is getting harder. For many employees, the working day no longer has a clear end.
For UK employers, this raises important questions and concerns. What level of availability is reasonable? How can organisations support wellbeing without limiting flexibility? How do existing employment laws apply when work follows people home?
This article looks at what the right to disconnect really means, how it fits into the UK legal landscape, and the practical steps employers can take to manage after-hours communication in a fair and sustainable way.
Key takeaways:
- The UK does not currently have a standalone legal right to disconnect
- Existing employment law already places limits on working time and employer obligations
- Unclear expectations around availability can create legal and wellbeing risks
- Clear policies and consistent practices help reduce out-of-hours pressure
- HR and time management tools support better visibility and compliance
What is the right to disconnect?
Definition and origins of the concept
The right to disconnect refers to an employee’s ability to disengage from work-related communications outside their normal working hours without facing negative consequences. Such work-related interactions include emails, phone calls, messages and notifications sent via digital tools. The concept emerged in response to increasing digitalisation and the expectation of constant availability, particularly in knowledge-based and office roles.
Why the topic has grown with remote and hybrid work
Remote and hybrid working models have accelerated discussions around the right to disconnect. When work is no longer tied to a physical workplace, the distinction between working time and personal time becomes less clear. Employees may feel implicit pressure to respond quickly, even when not formally required to do so.
Differences between disconnection, availability and flexible hours
Disconnection does not mean a lack of flexibility. Flexible working arrangements may allow employees to work outside traditional hours, but this should be agreed and structured. The key distinction lies in whether availability expectations are explicit, reasonable, and recorded, rather than assumed.
Does the UK have a right to disconnect?
Current legal position under UK employment law
A common question is: does the UK have the right to disconnect? At present, there is no specific legislation that grants employees an explicit right to disconnect. However, this does not mean employers are free to expect unlimited availability.
Working Time Regulations and limits on working hours
The Working Time Regulations 1998 set limits on weekly working hours, rest breaks and daily rest periods. Regular after-hours communication may count as working time, particularly if employees are required to respond or take action.
Employer duty of care related to wellbeing and stress at work
Under UK employment law, employers have a duty of care to protect employee health and safety, including mental wellbeing. Persistent out-of-hours pressure can contribute to stress, burnout and long-term absence, which may expose employers to legal risk.
How tribunals may interpret after-hours pressure
When disputes are assessed by employment tribunals, they could take into consideration patterns of communication, managerial expectations and recorded working time. Even without formal right to disconnect legislation, excessive after-hours demands can still be considered during disputes.
What legislation has been proposed in the UK?
Overview of political discussions and policy proposals
UK policymakers have discussed introducing a “right to disconnect” or “right to switch off”, including proposals under Labour’s Plan to Make Work Pay.
What was included in early “right to switch off” proposals
Earlier proposals aim to give employees the ability to disengage from work communications outside agreed hours. At the same time, they require that employers set clear expectations.
Why recent plans were paused or adjusted
Political priorities and concerns about regulatory burden have slowed progress. As a result, proposals have been paused rather than fully abandoned.
What could change for employers in the future
Legal analyses suggest any future right might be introduced via codes of practice or employer obligations instead of standalone statutory claims at first. This means that employers should stay alert to how proposals evolve. While no immediate changes are expected, the topic remains active.
How do other countries implement the right to disconnect?
France and codified disconnection rules
France introduced a formal right to disconnect in 2017. Companies must negotiate disconnection arrangements with employees or unions.
Ireland’s code of practice
Ireland uses a non-binding Code of Practice. It outlines expectations around respectful communication and out-of-hours contact.
Belgium and company-level negotiations
Since 1 April 2023, employers in Belgium with 20 or more employees have been legally required to lay down provisions on the right to disconnect. Typically, this initiative is enforced through a company collective agreement or by updating internal work regulations.
Key takeaways for UK employers
The takeaway from these examples is clear: the right to disconnect has become a focus for businesses internationally. Even in the absence of strict legal requirements, it can still be implemented through a clear policy plan and well-documented communication.
What risks arise when employees cannot disconnect?
Increased stress and absence trends
UK stress absence is well evidenced. HSE estimates 40.1 million working days were lost in 2024/25, with stress, depression or anxiety accounting for 22.1 million of those days. When employees feel they must stay available after hours, it can contribute to fatigue and stress-related absence, an area already representing one of the biggest drivers of lost working days in the UK.
Impact on employee engagement and retention
Where boundaries are not well-defined, employees may feel more strain and less satisfaction with their work. A Eurofound report links right-to-disconnect policies with better reported work-life balance and wellbeing (92% vs 80%).
Risks linked to unclear after-hours expectations
When employer’s expectations for out-of-hours contact are not well communicated and outlined, employees may feel the pressure to respond ‘just in case’. This can lead to managers assuming availability and lead to avoidable disputes about overtime, performance and what counts as working time.
Challenges for frontline and shift-based roles
For shift-based roles, the risk isn’t only stress. Rest time and working time compliance are also on the line. Undermining rest (even by asking informal ’quick questions’ via WhatsApp outside shift hours) can chip away at rest periods. The negative impact from contacting staff outside of working hours and not respecting their right to disconnect varies by role and context. Eurofound’s report notes remote workers and certain age groups report stronger negative effects from out-of-hours contact, reinforcing that.
How can UK employers support healthy disconnection?
Setting clear expectations about out-of-hours communication
Policies should define when employees are expected to be reachable and when they are not.
Internal escalation rules for urgent situations
Clear escalation processes help distinguish genuine emergencies from routine requests.
Role of managers in modelling disconnection behaviours
Managers play a key role by respecting boundaries and avoiding unnecessary out-of-hours contact.
Communicating boundaries to teams and new joiners
Expectations should be communicated consistently, including during onboarding and role changes.
What should be included in a right to disconnect policy?
When employees are expected to be reachable
Policies should clarify availability during normal hours, on-call periods and agreed flexible arrangements.
Guidelines for emails, messaging apps and work devices
This includes expectations around response times and use of messaging platforms.
Procedures for overtime reporting and recording
Accurate recording ensures working time is visible and compliant.
Documenting exceptions for operational needs
Some roles require flexibility, but exceptions should be documented and proportionate.
How HR technology helps prevent out-of-hours pressure
Monitoring working hours in an auditable way
Reliable time and attendance software helps employers track actual working patterns and identify risks early.
Detecting repeated after-hours activity
Patterns of late-night or weekend activity may indicate workload or resourcing issues.
Managing schedules and staffing needs without extra pressure
Data-driven scheduling supports fair distribution of work.
Providing consistent rules across teams
Technology helps apply policies consistently across departments and locations, including when managing hybrid work arrangements. Employers looking at managing hybrid work effectively often rely on clear data and shared rules.
How Kelio supports organisations with time, attendance and wellbeing
Kelio supports organisations by providing tools to:
- Record working hours accurately
- Monitor overtime and rest periods
- Identify excessive working patterns
- Support consistent HR processes across teams
By improving visibility and structure, organisations can reduce unintentional out-of-hours pressure and support employee wellbeing without relying on informal expectations.
Learn how to strengthen your HR processes with clear working time policies
