Right to Disconnect

The UK does not have a statutory right to disconnect, unlike France and Ireland. It was not included in the Employment Rights Act 2025. Employers should still have clear policies on out-of-hours contact as part of their duty of care and to comply with the Working Time Regulations 1998.

Last updated: July 2026

What the Law Says

There is no specific UK legislation on the right to disconnect. The Employment Rights Act 2025, which received Royal Assent in December 2025, did not introduce a statutory right to disconnect despite earlier proposals in Labour's 2024 'Make Work Pay' plan. The Working Time Regulations 1998 set maximum working hours (48 per week) and minimum rest periods. The Health and Safety at Work Act 1974 requires employers to protect employee wellbeing, which extends to preventing burnout from excessive out-of-hours contact.

Your Obligations as an Employer

  • Ensure working time limits are respected including out-of-hours communications
  • Consider implementing a right-to-disconnect policy as best practice
  • Monitor for excessive after-hours work that could breach WTR
  • Respect rest periods and weekly rest requirements

What to Include in Contracts

Consider including a clause on expected availability outside core hours, reference to the company disconnect policy, and confirmation that employees are not routinely expected to respond to communications during rest periods.

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Common Mistakes

  • Creating a culture where out-of-hours emails require immediate response
  • Not having a policy on after-hours communications
  • Penalising employees who do not respond outside working hours

FAQ

Could the UK introduce a right to disconnect law?

It remains possible but is not currently planned. The Labour government's 2024 'Make Work Pay' plan included proposals for a right to disconnect, but the provision was dropped and does not appear in the Employment Rights Act 2025. Any future legislation would likely follow the Irish model of a voluntary code of practice rather than strict French-style statutory rights.

Can an employer require employees to be available 24/7?

Only if the contract provides for this and the employee has not opted out of the 48-hour working week limit, or they fall within an exempt category. Even then, employers must ensure adequate rest periods and protect employee health and safety.

Related Topics

Working Time Regulations

Rest Break Requirements

Flexible Working Rights 2026

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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