Is there a “Right to Switch Off” for UK Employees?

The boundary between “work” and “life” has been getting blurrier for years. The pandemic, remote work and the supercomputer in everyone’s pocket have made it harder than ever to truly clock off. You know the feeling: checking emails at dinner, replying to Slack messages on a Sunday or just that low-level hum of anxiety that you should be online.

It’s not sustainable and frankly, it’s a fast track to burnout.

That’s why the “Right to Switch Off” is such a hot topic right now. It’s not just about being nice; it’s about protecting your team’s mental health and keeping them productive in the long run. 

This guide breaks down what the Right to Switch Off actually means, what the law says (and might say in the future).

What Is the ‘Right to Switch Off’?

The “Right to Switch Off” is usually understood as a right for employees to disconnect from work outside of their contracted hours. If implemented in law, it would mean employees shouldn’t feel pressured to read, answer or engage with work communications, emails, calls, messages, when they are supposed to be resting.

Globally, this isn’t a new concept. France led the charge years ago, followed by countries like Ireland, Portugal and Belgium. They recognised that constant connectivity was creating an “always-on” culture that was detrimental to wellbeing. More recently, the conversation has moved to the UK.

Although Labour initially hinted that a Right to Disconnect should be included in the Employment Rights Bill, this was dropped early on and there have been no concrete plans to introduce it in other legislation.

The meaning behind the Right to Disconnect

You might hear “Right to Switch Off” and “Right to Disconnect” used interchangeably. Practically, they mean the same thing. “Right to Disconnect” is often the formal legal term used in international legislation, while “Right to Switch Off” is the phrasing currently favoured in UK policy discussions.

Regardless of the label, the core principle remains: protecting personal time from the encroachment of work.

Current legal position in the UK

So, where do we stand right now? Currently, there is no statutory “Right to Switch Off” in UK law. You won’t find a specific clause in the Employment Rights Act that explicitly bans after-hours emails.

However, that doesn’t mean you have free rein to demand 24/7 availability. As an employer, you already have significant obligations under existing frameworks:

• Working Time Regulations 1998: Limits the maximum working week to 48 hours (unless opted out) and guarantees daily and weekly rest breaks. Constant out-of-hours contact can easily breach these rest periods.
• Health and Safety at Work Act 1974: You have a legal duty to protect the health, safety and welfare of your employees. This includes mental health. If an “always-on” culture causes stress and burnout, you are failing in your duty of care.
• Implied Contract Terms: There is an implied term of mutual trust and confidence. Unreasonable demands on personal time can breach this.

Section 44 of the Employment Rights Act 1996 — What employers should know

We’ve seen a lot of confusion online linking the Right to Switch Off to Section 44 of the Employment Rights Act. Let’s clear that up.

Section 44 protects employees from being fired or treated unfairly if they leave the workplace or refuse to work because they reasonably believe there is a “serious and imminent” danger to their safety. While stress is a health risk, Section 44 is typically reserved for immediate physical dangers (like a fire or lack of PPE), not the gradual stress of checking emails at 8 pm. Relying on Section 44 for switching off is legally shaky ground. 

Why you need a Right to Switch Off policy, even without a law

Waiting for legislation is a reactive strategy. Proactive employers are already building better work cultures by formalising their approach to out-of-hours contact. Implementing a clear policy isn’t just about compliance; it’s a powerful move to attract and retain top talent.

Here’s why it’s a game-changer for your business:

• Combats burnout and boosts wellbeing: An “always-on” culture is a direct path to employee burnout, stress, and anxiety. A policy that encourages downtime helps your team properly rest and recharge, leading to better mental and physical health.
• Increases productivity and focus: A well-rested employee is a productive employee. When your team knows their personal time is respected, they can be more focused and efficient during working hours, rather than being in a constant state of semi-distraction.
• Attracts and retains top talent: In a competitive job market, your company culture is a major selling point. A clear commitment to work-life balance and employee wellbeing makes you an employer of choice, helping you attract the best people and reduce costly staff turnover.
• Sets clear expectations: A formal policy removes ambiguity. It clarifies for both employees and managers what is expected regarding communication outside of standard hours, reducing misunderstandings and potential conflict.
• Future-proofs your business: The conversation around the right to switch off isn’t going away. By putting a policy in place now, you position your business as a forward-thinking leader and stay ahead of potential future legislation.

How to create a Right to Switch Off policy: 5 practical steps

Creating a policy doesn’t have to be complicated. While a right to disconnect policy template can provide a helpful starting point, it’s important to tailor your approach to set clear, reasonable boundaries that work for your specific business. Below are five practical steps to create an effective policy.

1. Start the conversation with your team

Your employees are your best resource. Ask them about their current experience with out-of-hours communication. Do they feel pressured to be available? What would help them disconnect? Involving them in the process ensures the final policy is practical and addresses real concerns.

2. Define your communication principles

This is the core of your policy. Clearly state your company’s commitment to respecting personal time. This could include statements like:

• There is no expectation to reply to emails or messages outside of contracted working hours.
• Managers should lead by example and avoid contacting their teams during rest periods unless it’s a genuine emergency.
• Employees are encouraged to disable work notifications on personal devices.

3. Set clear guidelines for different situations

One size doesn’t fit all. Your policy should be flexible enough to account for different roles, time zones and genuine emergencies. Define what constitutes an “emergency” and outline the correct protocol for urgent contact. For roles that require on-call availability, make sure this is clearly defined in their contracts and compensated appropriately.

4. Provide training for managers

A policy is only effective if it’s put into practice. Your managers are key to making this happen. Train them on the importance of the policy, how to manage team workloads effectively to avoid out-of-hours overspill, and how to lead by example. Encourage them to use tools like scheduled-send for emails so they don’t land in inboxes at 10 pm.

5. Communicate and embed the policy

Once your policy is drafted, roll it out across the business. Announce it at a company-wide meeting, add it to your employee handbook, and include it in your onboarding process for new hires. Regularly remind your team about the policy to ensure it becomes a genuine part of your company culture, not just a document that gathers dust.

Lead the charge for a better way to work

Implementing a Right to Switch Off policy is more than a tick-box exercise. It’s a statement about the kind of employer you want to be. It shows you trust your team, respect their wellbeing, and are committed to building a sustainable, high-performing culture.

By setting these boundaries, you empower your team to bring their best selves to work, focused, refreshed, and ready to drive your business forward.

Learn more about how Employment Hero can help your business today.