Why is the right to switch off from work necessary?

The right to switch off after work is seen as a necessary principle that’s long overdue in the UK. The new legal guidelines will help empower people to refuse unreasonable work requests – protecting the boundaries of their work-life balance.

Is the right to switch off law?

Currently in the UK, the right to switch off is not part of the law yet. However, it’s set to become part of the Employment Rights Bill once it’s passed. The concept could also be added to ACAS’s Code of Practice, in which employers must show compliance through internal policies.

Explaining the right to switch off

Q: What is the right to switch off?

The ‘right to switch off’ is a proposal where employers won’t be allowed to make unnecessary contact with their staff outside of work hours.Once it’s passed under employment law, employees will be allowed to decline work correspondence sent during their personal time. This may include phone calls, emails, instant messages, and other forms of communication.

The right to switch off, also referred to as the right to disconnect, is an idea that promotes employees disengaging from work-related communication outside of their contractual working hours.

It was initially proposed by the Labour government and first came to prominence when the Employment Rights Bill was published back in October 2024. It was thought that the right to switch off would be part of the Government’s ‘Plan to Make Work Pay’.

However, this did not materialise. Instead, today this advocacy to support employees’ mental wellbeing and encouraging a positive work-life balance is often company policy.

Examples of employees exercising their right to switch off would include turning off work laptops and mobile phones, and being able to not respond to emails and messages without fear of consequences.

As advocacy for better working conditions and supporting employees’ mental wellbeing grows, we’re seeing more and more initiatives that strive for a positive work-life balance.

One of those initiatives is the ‘right switch off’. But what exactly does it mean? And what are its origins? Our guide explores that.

What is the right to switch off?

The ‘right to switch off’, or ‘the right to disconnect’, is a concept that promotes employee wellbeing by encouraging employees not to engage with work-related communications outside of their contractual working hours.

Outside of contractual hours would extend to annual leave , too. With this idea, employees could switch off work laptops, mobile phones, and not respond to emails or calls without fear of repercussions.

Is the right to switch off in the UK a legal requirement?

This notion was initially a commitment proposed by the Labour Government following the general election.

When the Employment Rights Bill was published back in October 2024, it was thought that the right to switch off would be part of the Government’s ‘Plan to Make Work Pay’.

Despite being mooted, it was not incorporated into the Employment Rights Act 2025 ; this was it was recognised a one-size-fits-all approach wasn’t suitable.

Instead, implementing the right to switch off as a statutory Code of Practice was explored, though the Government didn’t go ahead.

Was the right to switch off scrapped?

Presently, there isn’t a direct legal obligation placed upon employers regarding the right to switch off.

With that said, we cannot rule out the conversation of it becoming a statutory reigniting. There are however several laws that have a similar effect. For example:

Working Time Regulations 1998: Unless employees opt out of working time regulations , it enforces a maximum 48-hour working week and at least 11 hours of rest every 24 hours.
Health and Safety at Work etc. Act 1974: Under this Act, employers have a legal duty to protect staff wellbeing.
Equality Act 2010: Employers who persistently contact their employees could face discrimination claims—especially those with disabilities or caring duties.

What does it mean for employers?

In essence, the right switch off is at the discretion of an employer—it could be a company policy to mitigate stress amongst staff.

Employers who do not operate such a policy and contact their staff outside of work hours may induce burnout, leading to poor productivity and employee morale .

How could employers implement a right to switch off policy?

Many countries have already adopted a right to switch off approach, one of them being Ireland.

Ireland uses a voluntary code of practice whereby employers create a tailored policy that reflects their company’s needs whilst remaining compliant with employee rights.

There are three elements to said policy:

The right to not work outside of operational hours on a regular basis.
The right to not be penalised for refusing to complete tasks outside of these hours.
A duty to respect other employees right to switch off, by not contacting them via phone or email.

FAQs: Explaining the right to switch off

Why is the right to switch off important?

Employers have a legal and moral duty to protect their staff’s mental wellbeing. The right to switch off is a measure that protects employees from experiencing burnout .

Would a statutory Code of Practice making the right to switch off enforceable?

It wouldn’t make it enforceable by law. However, it could be considered in an employment tribunal.

Should businesses consider implementing a right to switch off policy?

Incorporating such a policy can be a forward-thinking approach to supporting employees’ wellbeing and mitigating burnout.

Can employers contact employees on sick leave?

Employers can contact employees when on sick leave, but it must be done so delicately. Staying in touch during absence is viewed as good practice.

Final say: What is the right to switch off?

Whilst it isn’t a legal requirement, employers who integrate a right to work policy into their business will likely see benefits to morale and employee retention .

Demonstrating support for staff’s mental wellbeing, particularly in a digital age, is indicative of a progressive place of work.