Working From Home or a 24/7 Office? 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 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 which is 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 does 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. 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 Jan - Mar 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 enacted through a code of practice, with an obligation on employers to enter into workplace agreements documenting contact hours and tailored right to switch off policies.
• If a statutory code is introduced and treated like other Acas Codes, employment tribunals could take unreasonable non-compliance into account, potentially including uplifts to compensation, depending on the final wording of the code.
• 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.
• 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.
• 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.
• 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 fail to do so.

What Practical Steps Can Employers Take Now to Support Workers to Switch Off?

Setting boundaries between work and home life can encourage increased productivity and job satisfaction, and mental health and well-being. To prepare for the new right to disconnect, and to support workers to switch off, consider the following practical steps:

1. Introduce a right to disconnect policy and review your flexible working and home/hybrid working policies. These need to balance the flexible working options available for those who prefer to work a "non-standard" working day with the need for some workers to be supported to disconnect from work-related communications outside of their normal working hours.
2. Encourage workers to take the daily and weekly rest breaks / periods and annual leave they are entitled to.
3. Monitor workloads to ensure work is proportionately allocated and to avoid employees feeling overwhelmed.
4. Carry out surveys / encourage dialogue with workers on the reasons for any long-hours culture, why some workers might not be prepared to disconnect from the workplace, and how remote working is operating in practice.
5. Provide training on mental health awareness and how to disconnect.

What Practical Steps Should 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 disconnection, 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.
• Record and Manage Working Time: Employers should review and improve time recording systems to track working hours accurately, including time worked remotely.
• 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, tribunal cases, or workplace feedback.
• Use Technology Effectively: Employ scheduling tools, automated replies, and shift planning to help manage workloads and respect disconnect periods without harming business operations.
• Prepare for Dispute Resolution: Understand that tribunals may get involved in disputes over disconnect rights. Establish internal grievance procedures to address concerns promptly before escalation.

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.

For advice and support relating to the issues raised in this blog or to make an appointment with our Employment Law Team please call 01256 320555 or message us at mail@clarkeandson.co.uk

Disclaimer: The content of this website blog is for general awareness and insight. This is not legal or professional advice and readers should not act upon the information provided, they should seek professional advice based on their own particular circumstances. The law may have changed since this article was published.