So you want to know about the right to disconnect in the UK? This article explains how employees can turn off from work related comms and tasks outside of their contracted hours (i.e., contracted working hours). For an in‐depth understanding the right to disconnect in the uk, continue reading. For further expert insights on these issues, check out Darwin Gray. In today’s modern workplace—with flexible working arrangements, remote working and hybrid working the norm—constant connectivity via devices has blurred the lines between working hours and personal life. This leads to work demands, long hours and out of hours comms that harm mental health and employee wellbeing. Moreover, these policies help reduce out of hours communication, ensuring that employees enjoy uninterrupted personal time.
International Right to Disconnect
Other countries have introduced measures to promote work life balance:
France: Led the way in 2017, employees can ignore work comms outside of normal hours.
Ireland: Introduced a code of practice in 2021 to encourage employees to disconnect during personal time.
Belgium: Have clear guidelines to ensure employees are not contacted or emailed repeatedly outside of normal hours.
Current State of Play in the UK
Under current UK employment law and UK law there is no right to disconnect. The UK government has not legislated for a right to disconnect. However, proposals from the Labour Party and discussions under an employment rights bill suggest setting clear boundaries around contractual hours and normal working hours could help protect employees from work comms during personal time. This would address constant connectivity, work demands and non compliance and reduce legal risks and employment claims.
For Employers and Employees
Having a right to disconnect in the UK would mean:
For Employers:
- Create bespoke workplace policies with clear guidelines that define working hours, contractual hours and normal working hours.
- Don’t expect employees to respond to comms or urgent matters via devices outside of their free time.
- Balance business needs with the need to protect home life and employee wellbeing to avoid legal risks, employment tribunals or employment claims.
For Employees:
- Be able to switch off from work tasks during personal time and enjoy better mental health, higher employee satisfaction and a better work life balance.
- Take annual leave and rest breaks without being contacted after hours.
Challenges
While the right to disconnect has many benefits, it also presents challenges:
Flexible Working:
- With flexible and hybrid working becoming more common, defining clear working hours can be tricky. Practical steps need to be taken to prevent flexible working leading to out of hours contact or excessive workload.
Business Needs:
- Certain industries (such as civil servants and small business) have specific requirements that mean employees need to be contactable 24/7. Employers must balance these needs with clear boundaries to protect employee wellbeing and avoid legal risks.
How to Implement the Right to Disconnect
Organisations looking to introduce a disconnect policy can do the following:
- Policy: Write clear, legal policy guidelines that outline what is expected of work related contact outside of contracted hours.
- Employee Involvement: Get employees involved in the policy development to ensure the guidelines support work life balance and workforce management needs.
- Training and Awareness: Train employees and managers on disconnecting, using devices, recognising free time, rest breaks and holiday entitlements.
- Monitoring and Review: Review the policy regularly to ensure it covers urgent matters and that any issues (like routine emailing after hours) are dealt with quickly.
Frequently Asked Questions
What is the right to disconnect?
The right to disconnect is the employee’s ability to switch off from work related communications and tasks outside of their contracted hours without negative consequences.
Is there a legal right to disconnect in the UK?
Currently there is no legally binding right to disconnect in the UK under UK employment law. However, proposals from the new UK government and discussions under an employment rights bill suggest this may change in the future.
How have other countries implemented the right to disconnect?
Countries like France, Ireland and Belgium have introduced disconnect policies and codes of practice to prevent employees being contacted out of hours so they can have a better work-life balance.
What are the benefits of the right to disconnect?
Benefits include better mental health, improved employee wellbeing, a healthy work-life balance and higher employee satisfaction as employees are encouraged to take time free from work related contact.
What are the risks?
Defining clear working hours in flexible environments, balancing business needs with clear boundaries and managing the legal risks that could lead to employment tribunals or employment related claims.
Final Thoughts
While the right to disconnect isn’t yet a legal requirement in the UK, the discussions and proposals suggest it’s on the horizon. By implementing bespoke workplace policies and taking practical steps to put clear boundaries around working hours and communication expectations, employers can achieve a better work-life balance. And that’s good for everyone’s mental health, employee satisfaction and the modern workplace.
