Originally posted March 2025
Updated May 2026
While the UK government chose not to include the right to switch off in the Employment Rights Act 2025, the policy hasn't gone away. The government confirmed in a House of Lords debate that its commitment to introducing a statutory Code of Practice on disconnecting from work remains; it just hasn't set a timeline for doing so.
So what exactly is the right to switch off, and how would it change the way we work?
Long gone are the days when you'd head into the office, complete your contracted hours, and return home with no way to be reached until morning. No laptops, no smartphones, no work emails following you to the sofa.
Now, if you're in an office-based role, virtually everything you do is online. Digitisation has brought real benefits like flexible working, remote working, and the ability to collaborate across time zones. But it has also eroded the boundary between work and personal time. You are reachable anywhere, at any time, and in many workplaces; that availability is quietly expected.
The present UK government has been considering introducing ‘the right to switch off’ to give employees legal standing to ignore work messages outside of their contracted work hours. A recent dilution of the proposed Employment Rights Bill means that proposals have been reshuffled, and the right to switch off has been delayed.
But should it be reintroduced, what will it really mean for employees? And what would it mean for businesses and business owners?
What is ‘the right to switch off’?
The 'right to switch off' (or 'right to disconnect') is the legal or policy-based entitlement for employees to disengage from work-related communications, such as emails, messages, and calls, outside of their contracted working hours without facing negative consequences.
The aim is to protect work-life balance, prevent burnout, and to ensure that employees are not expected to be constantly available - and it’s already been implemented in several countries.
France was the first country to introduce a ‘right to disconnect’ law in 2017. It requires companies with over 50 employees to negotiate policies limiting out-of-hours work messages and calls. In 2021, Ireland introduced a code of practice giving employees the right to disengage and not be penalised for doing so. Spain, Italy, Belgium, and Portugal have also introduced laws restricting out-of-hours work expectations.
In the UK, however, there is no formal legal right to switch off, though some companies have adopted internal policies promoting a healthier work-life balance.
Where does the right to switch off stand in 2026?
The right to switch off has had a complicated journey through UK legislation. When Labour came to power, a statutory Code of Practice on disconnecting from work was one of its flagship employment commitments under the Plan to Make Work Pay.
During the passage of the Employment Rights Bill, the proposal was quietly shelved. In March 2025, the government officially confirmed it would not form part of the legislation. The Bill went on to receive Royal Assent on 18 December 2025 and is now the Employment Rights Act 2025 (one of the most significant overhauls of UK employment law in decades), but the right to switch off is not in it.
However, the government has since confirmed in Parliament that the commitment remains. A statutory Code of Practice is still planned; no consultation has been launched yet, and no timeline has been given.
In practical terms, this means there is currently no legal right to disconnect from work in the UK. Employees who are repeatedly contacted outside contracted hours may have some recourse through employment tribunals, particularly if it contributes to a broader constructive dismissal or working time claim — but there is no standalone right to enforce.
For now, the question for businesses isn't whether the law is coming, but when. And getting ahead of it is increasingly straightforward.
What Does ‘the Right to Switch Off’ Mean For Businesses?
If the right to switch off is introduced in the UK, companies would need to adapt by not only implementing policies but also encouraging cultural shifts that support employee well-being and maintain productivity.
Changing culture is likely the harder of the two to accomplish, especially in industries such as finance, with a reputation for long hours and the dreaded 'emergency client calls', which can often happen out of hours.
On the face of it, ‘the right to switch off’ appears as an employee-pro change; ultimately, it gives workers more power over what their employer can or can not ask of them. However, given what we know about the importance of taking time off in relation to employee happiness, productivity, and long-term job satisfaction, businesses can also take some positives from this potential change.
Would the 'Right to Switch Off’ Affect Productivity?
According to People Management, research has shown that productivity not only plateaus but actually declines after a certain point. As humans, we require rest to sustain peak performance.
The initial reason why the Labour government proposed the plans for ‘the right to switch off’ under Labour’s Plan To Make Work Pay is that flexible working and working from home had allowed for a ‘24/7 at home office’. This level of availability for work, whether it’s sitting down at your desk and completing an assignment or just replying to a work-related message, leads to higher levels of burnout - and, ultimately, less productive workers.
Employees who use their annual leave can see a productivity boost of up to 40%and a significant 28% reduction in the likelihood of taking sick leave.
Research from the International Foundation of Employee Benefit Plans shows how giving employees a mental break from working can improve the work they complete, as well as their overall health. So, it can be a commercial benefit for businesses, too.
As people take time to rest and recharge after a long day of work, it allows them the capacity to reset and come back to work the next day feeling refreshed and ready for new challenges.
Will ‘the Right to Switch Off’ Be Legally Enforceable?
Whether or not you're keen on the policy, the practical question is: does it have any legal teeth? For now, the answer is no — and that position has become clearer since this article was first published.
The right to switch off was always intended to operate as a Code of Practice rather than primary legislation. That distinction matters: a Code of Practice sets expectations and can be used as evidence in tribunal proceedings, but breaching it doesn't in itself constitute a legal offence.
In March 2025, the government confirmed the Code had been shelved entirely and would not form part of the Employment Rights Act 2025. However, in a subsequent House of Lords debate, ministers confirmed the commitment to introducing a right to switch off remains; it simply has no confirmed timeline.
In the meantime, employees who are routinely contacted outside contracted hours aren't entirely without recourse. Such contact could strengthen broader employment tribunal claims — for example, around constructive dismissal or breaches of the Working Time Regulations. But there is no standalone right to enforce, and no imminent change expected. Employees who are repeatedly contacted by their managers outside normal working hours could be entitled to substantial compensation at employment tribunals, according to The Times.
How Can Businesses Approach and Utilise This Shift?
With no imminent policy change expected, it does leave plenty of time for businesses to prepare for a future ‘right to switch off’. Here are seven steps:
1. Establish clear communication policies
It’s important to set defined working hours and ensure that employees are not expected to respond to emails, calls, or messages outside these times. These should already be laid out in an employee contract when they’re onboarded (see below), but make sure your employees know what those hours are.
2. Implement ‘right to switch off’ agreements
You could also include ‘right to switch off’ clauses in employment contracts, specifying when employees should be available. Develop company-wide policies that clarify when (or if) after-hours contact is acceptable (for example, in an emergency).
3. Encourage a culture of work-life balance
One really vital element is how employees view senior stakeholders and how they’ve reacted to a culture of switching off. Train managers to respect boundaries and lead by example by not sending emails outside of working hours or setting workloads that are unachievable during work hours.
Make sure you promote a results-driven rather than an always-available mindset, focusing on outcomes instead of hours worked.
4. Use technology to reduce out-of-hours work
Technology can also help you to implement work-life balance changes. For example, you can use technology to:
Introduce automated workflows to handle routine after-hours queries.
Set up ‘Do Not Disturb’ notifications on work devices to prevent unnecessary disruptions.
Introduce email scheduling tools to delay non-urgent communications until working hours resume.
5. Introduce flexible and on-call rotas where needed
For industries that need after-hours availability (such as healthcare or IT support), you can establish rotational on-call systems with clear allocations and fair compensation.
6. Provide employee training and support
Educate staff on healthy work boundaries and their rights under any new policy. Offer mental health support and resources to help employees manage work-related stress.
7. Monitor and review compliance
Regularly assess how well the right to switch off is being implemented. Use employee feedback and HR reporting to adjust policies as needed.
By proactively adapting to the right to switch off, companies can foster a healthier, more productive work environment while ensuring compliance with potential legal changes.
As a consultant, what does ‘the right to switch off’ mean to you?
As mentioned above, in theory, encouraging this policy sounds beneficial for businesses and employees alike. However, different industries or role types may find it harder to implement than others.
The 'right to switch off' may be particularly difficult to manage for someone who works on a temporary or project basis - and while the steps above can be useful to keep track of when you should or shouldn't contact people, if you're working to a short deadline, that can become tricky.
To navigate this challenge, consultants can also take several steps, similar to a company, to balance client expectations with their right to disconnect.
1. Set clear boundaries from the outset: Define working hours and availability in contracts and project agreements. Make sure you communicate expectations early, ensuring clients understand response times.
2. Plan and prioritise effectively: Use time management strategies like structured work blocks to maximise productivity during working hours. Set realistic deadlines and flag potential bottlenecks early to avoid last-minute rushes.
3. Leverage automation and async communication methods: Use email scheduling and project management tools to streamline communication. Provide clear documentation for clients to reduce the need for out-of-hours calls.
4. Introduce buffer time for urgent requests: Factor in contingency time when setting project timelines to accommodate unexpected issues. Offer limited emergency availability with an agreed-upon premium rate for after-hours work.
5. Manage client relationships proactively: Build a reputation for efficient work during agreed hours, reduce the need for last-minute demands, and regularly check in with clients to adjust expectations and prevent rushed deadlines.
What are the pros and cons of ‘the right to switch off’?
The right to switch off, which, if implemented, would grant employees legal protection from being contacted by employers outside of working hours, has both merits and challenges.
So let’s recap the advantages and challenges for workers and businesses in the UK if ‘the right to switch off’ is implemented.
Potential positives:
Improved work-life balance.
Better mental health and well-being.
Could lead to higher productivity and focus as employees return to work more refreshed and energised, leading to better performance.
Encourages fairer work practices.
Likely to boost employee satisfaction and retention.
Promotes equality in the workplace as it helps employees with caring responsibilities or other challenges to manage work-life balance.
Potential negatives or concerns:
It could create challenges for global workforces, as it could be difficult for international businesses operating across different time zones.
May reduce responsiveness in some industries such as healthcare, finance, emergency services, and IT support.
Difficult to enforce and regulate.
Potential productivity issues, for example, restricting after-hours work, could slow down project delivery, particularly in high-pressure industries like consulting and law.
May impact the self-employed and freelancers - consultants and freelancers may struggle to set boundaries with clients while maintaining competitiveness.
Employer resistance and cultural shifts.
Overall, the right to switch off could greatly improve employee well-being and work-life balance, but it also presents challenges for businesses that rely on flexibility and rapid response times.
Does the UK need a work culture shift?
Since the pandemic, we’ve already seen a huge shift in the way the UK (and the world) works. This shift has been a huge learning curve for many people and businesses, as we’ve had to adapt faster than ever to change. And it’s not just due to the COVID-19 pandemic; as we see newer and more adept technology coming out, we’re able to work in new ways.
Messages and transactions can happen instantaneously. Projects can have stakeholders from all over the world. You don’t need to be in the same room as someone to work together anymore.
But with these advancements has come an increasing blur between work and personal life. The expectation of being constantly available - whether through emails, instant messaging, or video calls - has led to rising concerns about burnout and work-life balance.
The introduction of a ‘right to switch off’ could signal a major cultural shift in how we approach work in the UK, and if adopted here, this could reshape expectations around availability, encourage healthier boundaries, and push businesses to prioritise employee wellbeing.
However, questions remain about how such a right would be enforced and whether it would be feasible across all industries. For some sectors, particularly finance, private equity, and tech, where long hours and out-of-hours availability are often seen as part of the job, adapting to this shift could prove challenging.
Ultimately, the ‘right to switch off’ isn’t just about regulation - it’s about a wider conversation on the future of work. As technology continues to evolve, so too must our understanding of what a sustainable work culture looks like.
Frequently Asked Questions
Is the right to switch off now the law in the UK?
No. The right to switch off does not form part of the Employment Rights Act 2025, which received Royal Assent in December 2025. The government has confirmed in Parliament that its commitment to introducing a statutory Code of Practice on disconnecting from work remains, but no consultation has been launched, and no timeline has been set.
What is the difference between a Code of Practice and a law?
A statutory Code of Practice sets out expected standards of behaviour but does not in itself create a criminal offence. Employers who breach a Code can't be prosecuted directly, but the Code can be used as evidence in employment tribunal proceedings — meaning non-compliance could strengthen an employee's claim.
Can my employer contact me outside working hours right now?
There is currently no law preventing it. However, if out-of-hours contact is persistent or contributes to stress, excessive working hours, or a breakdown in the employment relationship, it could form part of a broader tribunal claim; for example, for constructive dismissal or a breach of the Working Time Regulations.
Which countries already have a right to disconnect?
France introduced a right to disconnect law in 2017, requiring companies with over 50 employees to negotiate policies limiting out-of-hours contact. Ireland followed with a statutory Code of Practice in 2021. Spain, Belgium, Italy, Portugal, and Australia have also introduced their own versions. The UK remains one of the few comparable economies without a formal right.
Should businesses act now, even though the law hasn't passed?
Yes. Proactively adopting a switching-off policy gives businesses time to embed cultural change before any legislation arrives, and it's already good practice regardless of the law.
