The Right to Disconnect: Coming Soon to a Workplace Near You…. Or Not?

With burnout on the rise and employee wellbeing high on the HR agenda, the so-called ‘right to disconnect’ (the idea that employees should not be required to engage with work communications outside of agreed hours), had been gaining traction. A statutory ‘right to disconnect’ was initially part of Labour’s ‘New Deal for Working People’, which was intended to strengthen employment rights and improve work-life balance.

As of last month, the UK Government confirmed that it had decided not to proceed with implementing a statutory ‘right to disconnect’ for employees, largely due to concerns about the potential regulatory burden on businesses, especially amid other economic challenges.

This is in noticeable contrast with a trend in Europe towards right-to-disconnect laws. Belgium and France, for example, have regulations to safeguard employees from excessive out-of-hours work expectations.  Since August 2024, there has also been a right to disconnect in Australia. In the UK, some trade unions (for example, the engineers and scientists union, Prospect) had been calling for similar protections, and some employers have been voluntarily adopting disconnect policies as part of their workplace culture.

Practical considerations

If it had been introduced, a statutory right to disconnect would potentially have:

• prohibited employers from routinely contacting staff out of hours (except in emergencies);
• required employers to define ‘core hours’ and provide clarity on expectations;
• triggered claims for indirect discrimination or breaches of working time limits.

UK businesses will now be able to maintain flexible working arrangements without additional constraints. 

Despite the absence of a legal mandate, the issue of work-life balance remains pertinent and a cultural shift is already under way. Hybrid working has blurred the lines between ‘work’ and ‘home’, and employers risk both legal claims and reputational damage if they ignore staff wellbeing. Employers are encouraged to proactively address this by establishing internal policies that respect employees’ personal time.

We would advise employers to consider the following:

• a review and update of communication policies: clearly define expectations regarding out-of-hours communication;
• train and support line managers: ensure boundaries are clear and realistic in relation to employees’ personal time, including holiday time;
• promote a culture of balance, to ensure a positive workplace which supports employee well-being.

By taking proactive measures, employers can foster a healthy work environment, enhance employee satisfaction, and reduce the risk of burnout.