The UK government’s plans to introduce a legal “right to disconnect”—allowing workers to ignore work-related communications outside of office hours—appear to have been scrapped.
Right to disconnect – status update
The proposal was initially a key element of Sir Keir Starmer’s “New Deal for Working People,” aimed at strengthening employment rights and improving work-life balance. Although the right to disconnect was not included in the Employment Rights Bill when it was first introduced, it was expected to be added later. However, reports now indicate that ministers are set to abandon the plan altogether. According to The Sunday Times, the government will confirm the removal of this provision when amendments to the Bill are tabled this week. A government source reportedly stated that the “right to switch off is dead.”
The decision to scrap the new right follows concerns that imposing such a rule could increase pressure on businesses, particularly amid economic challenges. However, this also means that UK workers will not receive the same protections seen in countries like France and Ireland, where right-to-disconnect laws have been implemented to safeguard employees from excessive out-of-hours work expectations.
Implications for employers
The UK government’s decision to drop plans for a legal right to disconnect has significant implications for employers across various sectors. For employers, the decision to abandon the right to disconnect alleviates some concerns over additional legal and administrative burdens and means they will not have to adjust their workplace policies or implement strict protocols governing out-of-hours communication. Unlike countries such as France and Ireland, where employers must take active steps to ensure compliance with similar laws, UK businesses can maintain existing flexible working arrangements without additional constraints. This will be particularly beneficial for small and medium-sized enterprises (SMEs), which may have struggled with the cost and complexity of enforcing such a policy.
Many businesses rely on a degree of after-hours availability, particularly in sectors such as finance, technology law and consulting, where clients and global operations demand responsiveness. Without a legally mandated right to disconnect, employers can continue to operate in a way that suits their business needs without facing penalties for contacting employees outside standard working hours.
On the other hand, the absence of a legal right to disconnect could lead to greater instances of employee burnout, stress and dissatisfaction. Although there will be no legal requirement to allow employees to disconnect, businesses may still face reputational risks if they develop a culture of excessive out-of-hours work.
In an era of hybrid and remote working, where the lines between professional and personal life are already blurred, employees may feel continued pressure to be available outside their contracted hours, which could result in higher absenteeism and lower productivity over time, as overworked employees experience exhaustion and disengagement. Employers that fail to address work-life balance concerns may also struggle with retention issues, as employees increasingly seek workplaces that prioritise their mental health and wellbeing.
Employees who feel pressured to always be available could seek legal action under existing workplace laws, such as those related to unfair working conditions, mental health discrimination or breaches of working time regulations.
As such, notwithstanding the government’s decision not to introduce a formal legal right to disconnect, responsible employers may still choose to introduce their own internal policies to promote work-life balance.
Employers that proactively manage work-life balance concerns and implement voluntary right to disconnect policies will likely fare better in attracting and retaining talent, maintaining a positive workplace culture, and avoiding reputational risks. While the UK government may have chosen not to legislate this issue, the debate around work-life boundaries is unlikely to disappear and businesses that ignore it may find themselves at a disadvantage in the evolving world of work.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
