The Right to Disconnect [Switch Off] UK: What Employers Should Know

In an always-on world, the boundaries between work and personal life have never been more blurred—especially for small businesses navigating remote and hybrid working. As expectations around availability shift, many UK employers are asking: what are the rules for contacting staff after hours, and how can we protect our teams from burnout? The right to disconnect, or the right to switch off, is fast becoming a cornerstone of modern employment practice. In this guide, we’ll break down what the right to disconnect means for your business, why it matters, and how you can get ahead of upcoming changes to support both your people and your bottom line.

What is the Right to Disconnect?

The right to disconnect—sometimes called the right to switch off—ensures employees can ignore work-related communications outside contracted hours without penalty. This emerging employment right addresses blurred boundaries between home and work life, especially in remote and hybrid settings.

Why It Matters for UK Businesses

With remote working commonplace, persistent out-of-hours contact undermines rest, fuels burnout and risks higher levels of employee absence. A robust disconnection policy safeguards staff morale, reduces turnover and supports compliance with health and safety duties to manage psychosocial risks under the Health and Safety at Work Act 1974.

UK Legislative Landscape and Employer Obligations

Employment Rights Bill & Statutory Code

The Labour government’s Employment Rights Bill (July 2024) pledges a right to switch off. This code—likely ACAS-style—will require you to consult your workforce, implement a tailored policy and may influence tribunal outcomes if breached.

Existing Employee Protections

• Working Time Regulations 1998: Mandates daily and weekly rest breaks and a 48-hour average maximum week.
• Health and Safety at Work Act 1974: Obliges management of work-related stress as a hazard, including out-of-hours demands.

Preparing Your Organisation

1. Policy Development: Draft a clear right to switch off policy covering scope, exemptions and escalation.
2. Manager Training: Equip leaders to respect boundaries and recognise signs of burnout.
3. Communication Protocols: Use email footers and automated replies to remind staff they need not respond after hours and to make colleagues aware when individuals are taking annual leave.
4. Emergency Framework: Define what constitutes an emergency, who must be contacted and how, ensuring minimal after-hours outreach.
5. Consultation: Involve employees and, where relevant, union representatives to co-design practical, bespoke arrangements.

Measuring The Impact

To demonstrate ROI and inform policy refinement, track:

• Frequency of after-hours contacts per team per month.
• Number of automated “out-of-office” responses triggered.
• Absence and turnover rates pre- and post-policy launch.
• Employee satisfaction via survey questions on work-life balance.

Analysing these metrics quarterly helps you fine-tune communication norms and showcase business benefits.

Potential Business Challenges and Solutions

Challenge: Service-critical roles needing 24/7 availability.
Solution: Introduce rotational on-call rosters with clear compensatory rest.

Challenge: Cultural resistance from managers used to constant connectivity.
Solution: Deliver workshops on modern leadership and link disconnection to productivity gains.

Challenge: Lack of measurable enforcement.
Solution: Embed policy adherence into manager KPIs and internal audits.

If you need further HR support or have any questions on the right to disconnect;  get in touch with the Norton Loxley team. We are here to support you and your Company as your outsourced HR team.

FAQs on the Right to Switch Off

What counts as an emergency requiring out-of-hours contact?

An emergency is a genuine, unforeseeable event that risks business continuity or staff safety, such as IT outages or critical client incidents. Agree precise criteria in your policy.

Can we still contact senior staff after hours?

Only if they’ve formally agreed to on-call duties. Even then, communication should be limited to genuine emergencies and accompanied by appropriate rest compensation.

Is the right to disconnect legally enforceable?

The right will likely be set out in a statutory code. While not a standalone cause of action, tribunals may consider code breaches when deciding awards.

How do we handle cross-time-zone teams?

Rotate check-in timings fairly, use asynchronous tools (e.g., recorded updates) and agree “black-out” windows common to all locations.