This article applies to England, Wales and Scotland.
Last updated: April 2026
In brief: There is currently no standalone legal right to disconnect from work in the UK. The Employment Rights Act 2025 does not include one. However, the government has confirmed in Parliament its commitment to introducing a "right to switch off" through a statutory Code of Practice. No consultation has started yet. In the meantime, existing laws on working time, rest periods, and health and safety already provide some protection if your employer expects you to be available around the clock.
If your boss emails you at 10pm and expects a reply, you might be wondering: do I have a legal right to ignore it? The honest answer, as of April 2026, is that the UK has no specific law giving you the right to disconnect from work outside your contracted hours. But that does not mean you have no protections at all, and the legal position is likely to change.
This article explains where things stand, what rights you already have, and what is expected to happen next.
What the "right to disconnect" actually means
The right to disconnect is the principle that employees should be able to switch off from work-related communications, such as emails, phone calls, and messages, outside their normal working hours without facing negative consequences.
It is not about banning all out-of-hours contact. In most proposals internationally, it allows for genuine emergencies and pre-agreed on-call arrangements. The core idea is that your employer cannot routinely expect you to be available when you are not being paid to work, and cannot penalise you for not responding.
Several countries already have some version of this right in law. France introduced a legal right to disconnect in 2017, requiring companies with 50 or more employees to negotiate disconnection arrangements. Ireland operates a non-binding Code of Practice, setting out expectations around after-hours contact. Belgium made a mandatory right to disconnect for employers with 20 or more employees from April 2023. Australia introduced a right to disconnect in August 2024.
Where the UK stands: April 2026
The Employment Rights Act 2025 received Royal Assent on 18 December 2025. It introduces significant changes to UK employment law, including day-one rights to paternity and parental leave (from April 2026), extended tribunal time limits (expected October 2026), reduction of the qualifying period for unfair dismissal from two years to six months (expected January 2027), and a new Fair Work Agency (from April 2026).
The right to disconnect is not in the Act. It was never included in the Employment Rights Bill. The government's original plan, set out in its "Make Work Pay" proposals, was to deliver the right to switch off through a statutory Code of Practice rather than primary legislation.
During the Bill's passage through Parliament, there were press reports suggesting the government had dropped the proposal entirely. However, in a House of Lords debate, a government spokesperson confirmed that the commitment to implementing the right to switch off remains. The Lewis Silkin analysis of the Act, updated March 2026, notes that no consultation on a draft Code of Practice has yet begun.
So the position is: committed to in principle, not yet consulted on, and no timeline confirmed.
What protections you already have
While there is no standalone right to disconnect, existing UK law provides several relevant protections.
Working Time Regulations 1998. These regulations set minimum rest periods: 11 consecutive hours of rest between working days, a 24-hour uninterrupted rest period every 7 days (or 48 hours every 14 days), and a maximum average working week of 48 hours (unless you have opted out in writing). If your employer routinely contacts you outside working hours and expects you to respond, that time may count as working time under these regulations. Consistently exceeding 48 hours or losing rest breaks could put your employer in breach.
Health and safety obligations. Under the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999, your employer has a duty to protect your health, including your mental health. An "always-on" culture that leads to stress, burnout, or other health problems may amount to a failure to fulfil this duty.
Implied contractual terms. Every employment contract contains an implied term of mutual trust and confidence. If your employer's behaviour, such as relentless out-of-hours contact, is so unreasonable that it fundamentally undermines the employment relationship, that could be a breach of this implied term. In extreme cases, this may support a claim for constructive dismissal.
Flexible working. Since April 2024, employees have had a day-one right to request flexible working. While not a right to disconnect, it gives you a formal mechanism to discuss and agree boundaries around your working pattern and availability.
What this means for you in practice
If you are being contacted outside your working hours and it is affecting your wellbeing, you do have options even without a specific right to disconnect.
Check your contract. Look at what your contract says about working hours, overtime, and availability. If it specifies set hours and says nothing about out-of-hours availability, your employer has limited grounds to expect you to respond to messages during your rest time.
Raise it informally first. Many managers contact employees out of hours without thinking about the impact. A direct conversation about expectations can resolve a lot. You might suggest that non-urgent emails are scheduled for working hours, or that a team agreement is put in place about after-hours communication.
Put it in writing if needed. If informal conversations do not work, consider raising a formal grievance at work. Documenting the pattern of out-of-hours contact and its impact on you creates a record that may be relevant if the situation escalates.
Consider your working time rights. If you are regularly working beyond 48 hours per week (including time spent responding to after-hours communications) and have not opted out, your employer may be in breach of the Working Time Regulations. You can raise this with ACAS or, in serious cases, report it to the new Fair Work Agency, which launched on 7 April 2026.
Watch for linked claims. The right to disconnect may not exist as a standalone claim, but if persistent out-of-hours contact contributes to a mental health condition, you may have protections under disability discrimination law. If it is targeted at you because of a protected characteristic, harassment provisions may apply. If you resign because of it, constructive dismissal may be relevant.
What may happen next
Based on the government's stated commitments and the approach taken by other countries, the most likely outcome is a statutory Code of Practice on the right to switch off, similar to the existing ACAS Code of Practice on Disciplinary and Grievance Procedures. This would mean:
Employers would be expected to have a policy on out-of-hours contact. There would likely not be a standalone tribunal claim for breaching the Code. However, a tribunal could increase compensation by up to 25% if an employer unreasonably failed to follow the Code, where the employee succeeds on a separate employment claim. People Management reported in 2024 that the expected model closely mirrors the Irish Code of Practice, which centres on three principles: the right not to routinely work outside normal hours, the right not to be penalised for refusing after-hours contact, and a duty to respect others' right to disconnect.
No consultation date has been confirmed. Until the Code is published and comes into force, the right to disconnect remains a policy intention rather than a legal reality.
Frequently asked questions
Can my employer require me to answer emails outside working hours? That depends on your contract. If your contract specifies set working hours and does not include an on-call or availability clause, your employer has limited basis to require out-of-hours responses. If your contract does include such terms, those terms must still comply with the Working Time Regulations.
Can I be disciplined for not responding to messages outside work? If you are not contractually required to be available, disciplining you for not responding would be difficult to justify. If your employer did take action, it could form part of a wider claim depending on the circumstances, for example a grievance or, if it escalated, a tribunal claim.
Does the right to disconnect apply to remote workers? No specific right to disconnect exists yet. However, remote and hybrid workers have the same protections under the Working Time Regulations and health and safety law as office-based workers. The blurring of boundaries in remote work is a key reason the government has committed to introducing the right.
What if I have opted out of the 48-hour working week? You can withdraw your opt-out by giving your employer written notice (typically with a notice period of up to 3 months, depending on your agreement). Even with an opt-out, your employer must still ensure you receive minimum rest breaks.
Will the right to disconnect be law in 2026? Very unlikely. No consultation has started. The government has confirmed its commitment, but the earliest realistic timeline for a Code of Practice is 2027 at the soonest, and possibly later.
Which countries already have a right to disconnect? France (since 2017), Ireland (Code of Practice), Belgium (mandatory since April 2023), and Australia (since August 2024) all have versions. The models vary from legally binding obligations to voluntary codes.
What should I do if out-of-hours contact is affecting my health? Keep a record of the contact and its effects. Raise the issue with your employer, in writing if informal approaches have not worked. If your mental health is affected, see your GP and consider whether disability discrimination protections may apply. Contact ACAS on 0300 123 1100 for free advice.
Does the Working Time Regulations cover checking emails at home? Potentially. If you are required to respond to emails or be available, that time may count as working time. The distinction is between genuinely voluntary engagement and an expectation from your employer.
Sources
- Employment Rights Act 2025 — legislation.gov.uk/ukpga/2025
- Lewis Silkin: What's in the Employment Rights Act? (updated March 2026) — lewissilkin.com/insights/2026/03/27/whats-in-the-employment-rights-act
- ACAS: Employment Rights Act 2025 — acas.org.uk/employment-rights-act-2025
- GOV.UK: Plan to Make Work Pay and Employment Rights Act: Timeline Update (February 2026) — gov.uk/government/publications/implementing-the-plan-to-make-work-pay-and-employment-rights-act
- Working Time Regulations 1998 — legislation.gov.uk/uksi/1998/1833
- Health and Safety at Work etc Act 1974 — legislation.gov.uk/ukpga/1974/37
- People Management: Right to disconnect: what would a UK version look like? — peoplemanagement.co.uk
- IOSH: UK workers' right to disconnect — iosh.com/news-and-opinion/uk-workers-right-to-disconnect
Important notice: This article is published by Yerty for general informational purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. Yerty is not a law firm and does not provide legal advice. If persistent out-of-hours contact is affecting your health or employment, we strongly encourage you to seek independent legal advice from a qualified employment solicitor.