The boundaries between work and personal life have become increasingly blurred, particularly as smartphones, email, messaging platforms and remote working have made it possible to remain connected to work almost continuously.
In the UK, the Government has proposed introducing a Right to Switch Off, which would give workers greater protection from work-related contact outside their normal working hours.
However, it is important to clarify that the Right to Disconnect is not currently a standalone statutory employment right in the UK. The Government has proposed implementing it through a statutory Code of Practice, subject to further consultation and development.
What is the Right to Disconnect?
The proposed approach is intended to help employees maintain clearer boundaries between their working and personal lives.
The Government's original Make Work Pay proposals described a Right to Switch Off that would prevent employees from being contacted outside working hours, except in exceptional circumstances.
The idea is not necessarily to prevent employers from ever contacting employees outside their normal hours. Instead, the policy is intended to encourage reasonable boundaries and reduce the expectation that employees should routinely remain available.
This distinction is particularly relevant for businesses operating flexible, remote or international working arrangements.
Why does this matter for HR?
For HR professionals, the issue goes beyond sending emails outside working hours.
An organisation's approach to out-of-hours communication can influence:
- employee wellbeing;
- stress and burnout;
- employee engagement;
- retention;
- working relationships; and
- workplace culture.
A formal policy can also help managers understand when out-of-hours contact may be appropriate and when employees should not be expected to respond.
What could this mean for employers?
Although the proposed Right to Disconnect is not currently a standalone legal right, employers may wish to consider their existing practices now.
HR teams could review:
Out-of-hours communication
Do managers routinely contact employees outside their contracted working hours?
If so, is this genuinely necessary, or has it simply become part of the organisation's culture?
Expectations around response times
Employees should have a clear understanding of whether they are expected to respond to emails, messages or calls outside their normal working hours.
Exceptions
Some roles may legitimately require out-of-hours communication, particularly where businesses operate across different time zones, provide emergency services or require on-call arrangements.
The Government has recognised that employers need to retain appropriate autonomy to contact employees where there is a legitimate business need.
Manager training
Managers play an important role in creating workplace expectations.
HR teams may therefore want to provide guidance on when communication outside working hours is appropriate and how to avoid creating an "always-on" culture.
Is the Right to Disconnect already law?
No.
This is an important distinction for employers and employees.
The Government has proposed taking the policy forward through a statutory Code of Practice, rather than introducing a standalone statutory right. The Government has also indicated that consultation will take place before the Code is introduced.
Therefore, employers should not currently treat the proposed Right to Disconnect as a new legal entitlement that has already come into force.
Nevertheless, the proposal provides a useful opportunity for organisations to review their working practices.
What should HR teams do now?
Businesses do not necessarily need to wait for the final framework before considering how they manage out-of-hours communication.
HR teams may wish to:
- review existing communication policies;
- clarify expectations around response times;
- identify roles that genuinely require out-of-hours availability;
- consider appropriate exceptions for urgent matters;
- train managers on healthy communication boundaries; and
- monitor whether workplace culture is encouraging excessive working hours.
The future framework may provide greater clarity, but organisations can already take practical steps to promote healthier boundaries between work and personal life.
Looking ahead
The Right to Disconnect is part of a broader discussion about how employment rights should adapt to a workplace increasingly shaped by digital technology and flexible working.
For employers, the key issue is not simply whether employees can be contacted outside working hours. It is whether the organisation has created a reasonable and sustainable expectation around when employees are actually required to work.
As the Government develops its proposed Code of Practice, HR teams should keep the issue under review and consider whether their current policies and management practices are ready for a more clearly defined approach to out-of-hours working.
Key date: The Right to Switch Off was announced as part of the Government's Make Work Pay plans in October 2024. As of September 2026, it remains a proposed reform rather than a standalone statutory employment right.
Disclaimer: This article provides general information on UK employment law developments and should not be relied upon as legal advice. Employers should seek independent legal advice where appropriate.
