UK Right to Switch Off: A Complete Guide for 2026/27
A UK "right to switch off" from work emails, calls and messages outside contracted hours is being developed as a statutory code of practice rather than an outright ban. This guide explains how it is expected to work, how it compares with other countries, and practical steps for employees and employers now.
The right to switch off is intended to give employees a practical entitlement to disconnect from work-related calls, emails and messages outside their contracted working hours, without facing negative consequences such as being marked down at appraisal or informally penalised for not replying. Rather than a blanket statutory ban on employers contacting staff after hours, the UK approach being developed alongside the Employment Rights Bill agenda centres on a statutory code of practice, developed with ACAS, setting out good practice that tribunals must take into account.
How a Code of Practice Works
A statutory code of practice does not usually create a brand new standalone legal claim by itself. Instead, employment tribunals are required to take the code into account when deciding relevant existing claims — for example unfair dismissal, detriment claims, or constructive dismissal arising from excessive out-of-hours pressure — and can increase or reduce compensation, commonly by up to 25%, if an employer or employee has unreasonably failed to follow it. This mirrors how the long-standing ACAS Code of Practice on disciplinary and grievance procedures already operates in UK employment law.
How Other Countries Do It
Several European countries already have some form of right to disconnect. France has had a legal obligation on larger employers to negotiate a policy with staff representatives since 2017. Ireland introduced a code of practice in 2021, similar in structure to what is expected in the UK. Belgium and Portugal have also introduced measures requiring employer policies or restricting after-hours contact in certain circumstances. Very few countries impose an absolute, unqualified ban on any out-of-hours contact — most models, including the one expected in the UK, focus on setting clear expectations and preventing penalisation for not engaging outside hours, rather than criminalising a late email.
On-Call and Emergency Roles
A right to switch off is expected to accommodate roles where out-of-hours contact is a genuine, agreed and compensated part of the job — for example on-call healthcare staff, emergency services, IT incident response, or roles spanning international time zones. The focus is on preventing an informal, uncompensated expectation of constant availability spreading to roles where it was never part of the contractual bargain, rather than removing legitimate on-call arrangements that are properly documented and paid for.
What Employers Can Do Now
Draft and consult on an internal right-to-disconnect or work-life balance policy ahead of any statutory code
Identify which roles genuinely require out-of-hours availability and ensure this is contractual and compensated
Review default settings on email and messaging tools — for example scheduled send outside hours rather than immediate delivery
Train line managers not to expect immediate replies from staff who are not formally on-call
What Employees Can Do Now
Even ahead of a finalised code of practice, existing law on working time, stress-related ill health, and the implied duty of trust and confidence can be relevant if out-of-hours contact becomes excessive. If you feel under constant pressure to respond outside your contracted hours, raise it with your line manager or through a formal grievance, and keep a record of the pattern of contact to support your case. ACAS offers free, impartial advice on how to raise this kind of workplace issue.
Is there a legal right to switch off in the UK right now?
Not as a standalone statutory right in the way some other countries have implemented it. The UK government has instead signalled it intends to work with ACAS on a statutory code of practice giving employees a practical right to disconnect from work-related calls, emails and messages outside contracted hours, without facing negative consequences for doing so.
How would a statutory code of practice work?
A statutory code of practice does not usually create a freestanding new claim on its own, but employment tribunals must take it into account when deciding relevant claims — such as unfair dismissal, detriment, or constructive dismissal — and can adjust compensation (commonly by up to 25%) if an employer has unreasonably failed to follow it. This is the same mechanism used for the existing ACAS Code of Practice on disciplinary and grievance procedures.
How does this compare with other countries' right to disconnect laws?
Several countries, including France, Ireland, Belgium and Portugal, already have some form of right to disconnect, generally requiring employers to negotiate policies with staff or unions about after-hours contact rather than an absolute ban on all out-of-hours communication. The expected UK approach — a code of practice rather than a blanket legal prohibition — is closer to the more flexible models used in Ireland and Belgium than to a strict statutory cut-off.
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Will my employer be banned from emailing me after work?
Not in the sense of a blanket ban on sending messages. The expected approach focuses on employers not expecting or requiring staff to respond, and on developing a clear workplace policy setting expectations around contact outside contracted hours, particularly for roles that are not genuinely on-call or emergency-facing.
Does this affect on-call or emergency roles?
A right to switch off is expected to allow for contractual on-call arrangements, genuine emergencies, and roles where out-of-hours contact is a normal and agreed part of the job (such as some healthcare, emergency services or international business roles), provided this is clearly set out and appropriately compensated, rather than an informal expectation of constant availability.
Can my employer penalise me for not responding to messages outside working hours?
The stated aim of a right to switch off, once a code of practice is in place, is precisely to prevent an employee being penalised, marked down in appraisals, or otherwise treated less favourably for not engaging with work communications outside their contracted hours, other than in agreed on-call situations.
What should employers do now, before formal rules are finalised?
Many employers are getting ahead of the reform by agreeing an internal right-to-disconnect or work-life balance policy with staff, clarifying which roles carry a genuine on-call expectation, reviewing whether messaging tools default to "send now" versus scheduled delivery outside hours, and training managers not to expect immediate replies from staff who are not on-call.
What can I do if I feel constant pressure to respond outside working hours today?
Even before a statutory code is finalised, existing law on working time, stress-related ill health, and constructive dismissal can be relevant if out-of-hours pressure becomes excessive or contributes to a breach of the implied duty of trust and confidence. Raising the issue through your line manager or a formal grievance, and keeping a record of the pattern of contact, is a sensible first step.
Will the right to switch off apply to all workers or only employees?
The precise scope will depend on the final legislation and code of practice, but reforms of this kind in the UK have generally been designed with employees and workers in mind rather than being limited only to those with two years' service, given the intention to address a working-culture issue that affects staff broadly, not just those with long service.
When is the right to switch off expected to take effect?
As of mid-2026, the right to switch off is expected to be developed as a statutory code of practice under the wider Employment Rights Bill agenda, following consultation, rather than through an immediate primary legislative ban. Check GOV.UK and ACAS for the latest implementation timetable, as codes of practice of this kind are typically finalised after a formal consultation period.
Disclaimer: The right to switch off is under development and the final code of practice may differ from current proposals; check GOV.UK and ACAS for the latest position. This guide is general information, not legal advice. Always seek independent professional or ACAS advice for your specific situation.
