In this blog, Carbon Law Partners, Clare Chappell and Kate Walsh explore the ongoing debate around the “right to disconnect”, a proposed legal protection that would give workers the right to disengage from work communications outside of contracted hours. They examine where the law currently stands in 2025, what employers’ responsibilities are in this evolving landscape, and the practical steps organisations can take to support healthier working cultures and minimise legal risk.

Do UK employees have a legal right to disconnect in 2025?

Working from home or in a hybrid capacity brings many benefits, such as reducing time stuck in traffic or commuting, a comfortable work environment, and the ability to bring the washing in off the line quickly when it rains! But there are concerns that it has blurred the boundaries between work and personal life, creating an “always on” culture where employees are reachable via email, messaging apps, and calls outside of standard hours.

This new culture is thought to lead to health and well-being risks like stress, burnout, disrupted sleep, and strained personal relationships. These concerns were why the “right to disconnect” was under consideration by the Labour party as part of their planned employment law reforms. However, the latest amendments to the Bill do not include a right to disconnect. While reporting in March suggested the plan had been dropped in a bid to boost business confidence and remove “unnecessary barriers”, ministers later said in the House of Lords that they still intend to consult on a statutory code of practice on disconnecting. The consultation timing is still to be confirmed.

Changes in Working Trends

There is no doubt that the COVID-19 pandemic was a catalyst for the current working climate, with mandatory homeworking shifting attitudes about and questioning the necessity of in-office working. While the trend of working only from home has declined since 2021, a significant proportion of working adults in the UK are now hybrid workers.

According to the Office for National Statistics, more than a quarter (28%) of workers in January – March 2025 were hybrid, with the number of exclusively remote workers plus hybrid workers being around four in ten, depending on the period measured. This reflects a significant shift from pre-pandemic times.

What was the “Right to Disconnect” Proposal?

Labour’s proposed legal “right to disconnect” would have allowed employees to refuse work-related communications outside their contracted working hours. The aim was to promote healthier working practices, protect employees’ work-life balance, and address the blurring of boundaries that often occurs with remote and hybrid work arrangements.

Labour’s Plan to Make Work Pay states that “We will bring in the right to switch off, so working from home does not become homes turning into 24/7 offices.”

It was expected that:

• The “right to disconnect” would be introduced through a code of practice, with an obligation on employers to enter into workplace agreements documenting contact hours and tailored policies.
• If a statutory code is introduced and treated like other Acas Codes, employment tribunals could take unreasonable non-compliance into account, potentially triggering uplifts to compensation.
• Employers would need to review contracts and working hours and implement clear policies to avoid inadvertently breaching new obligations.

If there is no legal right to disconnect, what are the expectations of employers and employees?

While there’s no legal right, employers are still encouraged to create internal policies and practices that promote a culture of disconnecting from work to prevent burnout and ensure employee well-being. Employers are encouraged to set work-life boundaries that include:

• Defined Work Hours: Set employees’ protected, non-working periods, making it easier to mentally and physically disengage from work outside their core hours. Remember the Working Time Regulations’ requirements for weekly working hours, daily and weekly rest breaks, paid annual leave, and so on – none of that has gone away.
• Reduced “Always On” Expectation: Combat the culture of continual connectivity, which has blurred the lines between work and personal life, especially in the era of remote and hybrid work. Again, the Working Time Regulations are the backbone of working and non-working time; culture overlays that framework.
• Improved Wellbeing: With clear boundaries, employees are more likely to rest, recharge, and maintain better mental health, reducing stress and burnout caused by excessive out-of-hours contact.
• Clarity and Transparency: Employers and employees will have to agree and document what counts as working hours and set protocols for out-of-hours emergencies, increasing transparency and fairness in expectations. Communication is key.
• Employer Accountability: Even without a statutory right to disconnect, employers remain responsible for ensuring lawful rest and manageable workloads and may face grievances, claims or reputational harm if they drive employees too hard, or have unreasonable requirements.

What Practical Steps Could Employers Take to Give Employees an Effective Right to Disconnect?

• Develop a Clear “Right to Disconnect” Policy: Create a policy that sets out employer and employee obligations, defines expected working hours, and details when employees are expected to disconnect from work communications such as emails and calls outside normal hours.
• Communicate and Educate: Inform employees clearly about their working hours, rights regarding disconnecting, and how to raise concerns related to the right to disconnect. Training managers and staff in respecting and implementing the policy is essential to embed the culture and avoid conflicts or poor management of the policy and workloads.
• Record and Manage Working Time: Employers should review and improve time recording systems to track working hours accurately, including time worked remotely. However, ensure monitoring is conducted within legal frameworks, and be aware of how monitoring can be viewed by staff as overkill – culture and communication are also important here.
• Set Clear Communication Protocols: Define what constitutes working time and out-of-hours communication. Specify what constitutes emergencies where contact may be required.
• Regularly Review and Update Policies: Annually review the right to disconnect policy and its effectiveness, adjusting to emerging legal guidance, or workplace feedback.
• Use Technology Effectively: Employ scheduling tools, automated replies, and shift planning to help manage workloads and respect disconnect periods without disrupting business operations.
• Prepare for Dispute Resolution by prevention rather than cure: Understand that tribunals may get involved in disputes over disconnect rights. Establish internal informal and formal grievance procedures to address concerns promptly before escalation. Ensure excellent communication and management training across the organisation.

Implementing these steps will help businesses support employee wellbeing and reduce potential legal risks and reputational damage as an employer in this still relatively new era of hybrid and remote working.

If you have any queries or would like to discuss introducing a “right to disconnect” policy in your organisation, please contact our Employment Team.