Can I require some employees to be available outside hours?

Yes, provided it is a genuine requirement of the role and is clearly stated in the employment contract. On-call arrangements, emergency response roles, and senior management positions may legitimately require out-of-hours availability. However, you must still comply with the Working Time Regulations rest requirements and compensate appropriately.

What if an employee voluntarily works outside hours?

You should still monitor this. Under the Working Time Regulations, you have a duty to ensure rest periods are taken. If an employee is consistently working through rest periods — even voluntarily — you may be in breach. Have a conversation and document that you have encouraged them to take their rest entitlement.

Could I face a tribunal claim for sending an after-hours email?

A single email is unlikely to ground a claim. However, a pattern of out-of-hours contact that an employee feels unable to ignore, combined with a detriment when they do not respond, could support a claim for breach of working time regulations, constructive dismissal, or indirect discrimination. The risk increases if you have no policy addressing the issue.

Right to Disconnect: What UK Employers Need to Know in 2026

The right to disconnect — the idea that employees should not be required to engage with work communications outside their contracted hours — has moved from a European policy concept to a live discussion in UK employment law. While the UK does not yet have a standalone statutory right to disconnect, the Employment Rights Bill and existing Working Time Regulations already create obligations that many employers are unaware of. The direction of travel is clear, and businesses that get ahead of this will be better positioned legally and as employers.

This guide covers the current legal position, what is likely to change, and the practical steps you should be taking now.

The current legal position in the UK

The UK does not currently have an explicit right to disconnect enshrined in statute. However, several existing laws already provide protections that achieve a similar effect:

Working Time Regulations matter here

The Working Time Regulations require employers to ensure workers receive at least 11 consecutive hours of rest in every 24-hour period and an uninterrupted 24-hour rest period per week (or 48 hours per fortnight). Sending emails at 10pm and expecting a response before 7am is, in a strict reading, incompatible with the 11-hour rest requirement. While enforcement has historically been light, this is changing as awareness grows.

See our Working Time Regulations guide for the full details on rest period obligations.

What the Employment Rights Bill proposes

The Employment Rights Bill, introduced in October 2024, includes provisions that will strengthen protections around out-of-hours contact. While the Bill does not create a French or Irish-style absolute right to disconnect, it lays groundwork through several mechanisms.

The Bill strengthens flexible working as a day-one right, making it easier for employees to set boundaries around their working hours. It proposes codes of practice on reasonable contact outside working hours, which tribunals will be able to take into account when assessing claims. It also introduces protections against unfair dismissal from day one, making it riskier to penalise employees who resist an always-on culture.

The government has also signalled that it may introduce a statutory Code of Practice on the right to disconnect, similar to the ACAS Code of Practice on disciplinary and grievance procedures. While a code of practice is not legally binding in itself, failure to follow it can result in an uplift of up to 25% on tribunal compensation awards.

Don't wait for legislation

Even without a specific right to disconnect statute, tribunal claims based on existing law are increasing. Stress-related constructive dismissal claims, working time breaches, and indirect discrimination arguments are all being used by employees who feel pressured to be available around the clock. The legal risk exists now, not just in the future.

What other countries have done

Understanding the international context helps frame where the UK is heading:

The UK is most likely to follow the Irish model — a code of practice rather than an absolute ban on out-of-hours contact. This gives flexibility for roles where occasional out-of-hours contact is genuinely necessary while establishing clear expectations for the majority of workers.

Practical steps for employers

Regardless of whether specific legislation passes, implementing a right to disconnect framework is good practice and reduces your legal exposure. Here is what to do:

1. Develop a clear policy

Create a written policy that sets expectations around out-of-hours communication. State which roles, if any, are genuinely required to be available outside normal hours, and define what counts as normal hours for each team or department. Specify that employees are not expected to respond to non-urgent communications outside their working hours.

2. Lead from the top

Senior leaders who send emails at midnight set the cultural norm regardless of what the policy says. If you must work late, use email scheduling tools to deliver messages during working hours. This single change has a disproportionate impact on workplace culture.

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3. Define escalation channels

For genuinely urgent situations, establish a separate communication channel — a phone call or a specific messaging group — so that employees can safely ignore standard email and chat notifications outside hours without worrying about missing something critical.

4. Review working patterns

Use your HR data to identify teams or individuals who are consistently working outside their contracted hours. This may indicate understaffing, poor workload distribution, or a cultural problem that needs addressing. Our Payroll Tax Calculator can help you model the cost of additional headcount versus the risk of burnout and turnover.

5. Train managers

Managers are the primary point of contact pressure. Train them to respect boundaries, avoid sending non-urgent messages outside hours, and model healthy working patterns.

Pro tip

Add a line to your email signature template: "I may send emails outside of standard working hours to suit my schedule. There is no expectation for you to read or respond outside your own working hours." This simple step costs nothing and explicitly addresses the most common source of perceived pressure.

For the broader wellbeing context, see our health and safety essentials guide and our flexible working requests guide.

Free Template: Right to Disconnect Policy

A ready-to-use policy covering out-of-hours communication expectations, escalation channels, and manager guidance. Aligned with the anticipated Code of Practice.

right-to-disconnect-policy-template.pdf

Key takeaways

While the UK does not yet have a standalone right to disconnect, existing Working Time Regulations, health and safety obligations, and discrimination law already create significant exposure for employers who expect always-on availability. The Employment Rights Bill will strengthen these protections further. Start now by creating a clear policy, training managers, using email scheduling, and establishing separate escalation channels for genuine emergencies. The cost of getting ahead is minimal; the cost of a constructive dismissal or discrimination claim is not. Review your overall compliance posture with our Compliance Audit tool.