Do UK employees have a right to disconnect?

Working from home or in a hybrid capacity brings various benefits, such as reducing time stuck in traffic or commuting, a comfortable work environment, and option to walk the dog at lunchtime! But concerns remain that the boundaries between work and personal life have blurred, creating an “always on” culture where employees are reachable via email, messaging apps, and calls all outside of standard working hours. 

This has the potential for health and well-being risks like stress, burnout, disrupted sleep, and strained personal relationships which is why the “right to disconnect” was considered by the Labour party as part of their employment law reforms. However, the version of the Employment Rights Bill does not include a right to disconnect. 

This does not mean the issue is closed though, as we are still expecting to see a consultation on a statutory Code of Practice addressing the issue. 

Current Working Trends

The COVID-19 pandemic was a catalyst for the current working climate, with mandatory homeworking shifting attitudes and the necessity of in-office working. While the trend of working only from home has declined since 2021, a significant proportion of working adults in the UK are now hybrid workers.

In particular, According to the Office for National Statistics, more than a quarter (28%) of workers in Jan - Mar 2025 were hybrid, with the number of exclusively remote workers plus hybrid workers being around 40% depending on the period measured; a huge shift from pre-2020. 

What does the “Right to Disconnect” mean?

The proposed legal “right to disconnect” would have allowed employees to refuse work-related communications outside their contracted working hours. The aim was to promote healthier working practices, protect employees’ work-life balance, and address the blurring of boundaries that often occurs with remote and hybrid work arrangements.

Labour's Plan to Make Work Pay states that "We will bring in the right to switch off, so working from home does not become homes turning into 24/7 offices." 

The intentions were:

• The “right to disconnect” would be enacted through a code of practice, with an obligation on employers to provide workplace agreements documenting contact hours and tailored right to switch off policies.
• If a statutory code is introduced and treated like other Acas Codes, employment tribunals could take unreasonable non-compliance into account, potentially including uplifts to compensation, depending on the final wording of the code.
• Employers would need to review contracts and working hours and implement clear policies to avoid inadvertently breaching new obligations.

Without the legal right to disconnect, employers can still take steps to benefit their work force: 

While there's no legal right, employers should consider having internal policies and practices that promote a culture of disconnecting from work to prevent burnout and ensure employee well-being. Employers are encouraged to set work-life boundaries that include:

• Defined Work Hours: Set protected, non-working periods, making it easier to mentally and physically disengage from work outside core hours.
• Reduced “Always On” Expectation: Consider company culture and set clear expectations.  
• Improved Wellbeing: With specific time out, employees are more likely to rest, recharge, and maintain better mental health, reducing stress and burnout. 
• Clarity and Transparency: Agreeing what counts as working hours and having clear protocols for out-of-hours emergencies will increase transparency. 
• Employer Accountability: Even without a statutory right to disconnect, employers remain responsible for ensuring lawful rest and manageable workloads and may face grievances, claims or reputational harm if they fail to do so.

What other practical action can employers take?  

Setting boundaries between work and home life can encourage increased productivity and job satisfaction, and mental health and well-being and if a new right or statutory code is implemented, these steps will ensure the business is ready:  

1. Introduce a right to disconnect policy and review your flexible working and home/hybrid working policies. These need to balance the flexible working options available for those who prefer to work a "non-standard" working day with the need for some workers to be supported to disconnect from work-related communications outside of their normal working hours.
2. Communicate and Educate: Inform employees clearly about their hours and encourage them to take the daily and weekly rest breaks / periods and annual leave they are entitled to. Train the managers with responsibility for this to help manage conflicts and ensure the policies are applied consistently. 
3. Monitor workloads to ensure work is proportionately allocated and to avoid employees feeling overwhelmed.
4. Carry out surveys / encourage dialogue with workers on the reasons for any long-hours culture, why some workers might not be prepared to disconnect from the workplace, and how remote working is operating in practice. 
5. Provide training on mental health awareness and how to disconnect.
6. Record and Manage Working Time: Employers should review and improve time recording systems to track working hours accurately, including time worked remotely. 
7. Use Technology Effectively: Employ scheduling tools, automated replies, and shift planning to help manage workloads and respect disconnect periods without harming business operations.

Implementing these steps will help businesses support employee wellbeing and reduce potential legal risks and reputational damage as the workplace norms continue to shift with new patterns of hybrid and remote working.

For advice and support relating to the issues raised in this blog or to make an appointment with our Employment Law Team please call 01635 896 336 or email employment@fentonelliott.co.uk

Disclaimer: This summary is for general awareness and insight, not legal or professional advice and readers should seek professional advice for their situation.