The Right to Disconnect and the Law: Navigating Compliant and Healthy Hybrid Work Policies in the UK

The shift to hybrid and remote work has delivered flexibility—but it’s also delivered the expectation that employees are 'always on.' For growing UK businesses, this blurred boundary is not just a driver of burnout; it’s a potential compliance headache.

As a people-first HR consultancy, we believe clear boundaries are the foundation of a legally sound and high-performing workplace.

1. The UK Legal Backdrop: Is a 'Right to Disconnect' Coming?

While the UK currently has no explicit 'Right to Disconnect' law (unlike France or Ireland), you are already legally required to manage this issue under existing legislation:

• The Working Time Regulations 1998: These regulations mandate minimum daily (11 hours) and weekly (24 hours) rest periods. An employee habitually answering emails late at night could effectively breach these rest requirements, potentially exposing the business to claims.

• Health and Safety at Work Act 1974: Employers have a general duty to protect the health, safety, and welfare of their employees. Excessive out-of-hours work leading to stress and burnout falls under this duty.

  
  

Ignoring after-hours communication could lead to grievances, increased stress-related sick leave, or even constructive dismissal claims based on an unmanageable workload.

2. Policy Checklist: Creating a Compliant Boundary

A well-crafted Hybrid/Remote Work Policy must explicitly address communication expectations. Here are the three non-negotiables:

• Define Core Hours: Clearly state the hours when employee presence and immediate responsiveness are mandatory. Outside of these, set expectations for when communication is not required.

• Implement a 'No Expectation' Rule: Managers must be trained not to expect immediate replies outside of working hours. Encourage the use of delayed send functions for non-urgent emails.

• Audit Overtime and Workload: Regularly check if employees are routinely exceeding their contractual hours simply to keep up with communications. Policy is useless if the workload makes compliance impossible.

3. The People-First Payoff

Compliance is the floor, not the ceiling. Our focus on people and compliance means we view this issue holistically. Implementing a 'right to disconnect' policy isn't just about mitigating legal risk; it’s about retention and performance.

When employees feel their personal time is respected, they are:

• More Engaged: Less burnt out and more focused during working hours.

• More Loyal: Viewing the employer as genuinely caring about well-being.

• More Productive: Clear boundaries lead to better time management.

  
  

A compliant policy is the clearest way to show your employees that you value their contribution—and their well-being.