Constant connectivity: Is our current legislation still adequate?

Work never seems far away. It is all too easy to check work emails on your phone in the evening, at the weekend or on holiday, and even reading messages without replying means you are not fully switching off. Constant connectivity can affect family life, disrupt sleep and contribute to stress-related illness. So does the law do enough to protect workers, and should it change?

What does the law say now?

At the time of writing, there is no law in the UK that stops employers contacting staff outside working hours or gives employees a right to ignore work messages.

The government proposed a “right to switch off” as part of its plans to make work pay, but it was not included in the Employment Rights Act 2025. It has indicated that the issue may be dealt with through a statutory code of practice, but no such code is in force.

The Working Time Regulations

There are rules to prevent overwork, but their reach is limited. Under the Working Time Regulations 1998, workers should not work more than 48 hours a week on average, normally over 17 weeks. Workers can opt out of this limit in writing, and can cancel the opt-out by giving at least seven days’ notice, or up to three months’ notice if their agreement says so.

Workers are also entitled to daily and weekly rest periods. Some workers, such as senior staff who control their own working time, are exempt from parts of the rules. If you are worried about your hours, our employment law advice for employees can help.

Working time means time when a worker is working, at the employer’s disposal and carrying out their duties, together with relevant training and any other time agreed to count. Time spent working from home under a flexible working arrangement clearly counts.

Whether checking emails in the evening or on holiday counts is less clear. Work done at the employer’s request is likely to be working time, but occasional, voluntary checking of emails is harder to classify and is rarely recorded.

Health and safety duties

Employers also have a duty to protect their employees’ health and safety, which includes assessing the risk of work-related stress. An always-on culture can contribute to employee burnout and stress-related absence, and employers who ignore the warning signs may face claims.

How other countries have responded

• France introduced a right to disconnect in 2017. Larger employers must negotiate arrangements with unions, and there is no set format for what is agreed.
• Portugal passed a law in 2021 requiring employers to refrain from contacting employees during their rest periods, except in cases of force majeure.
• Ireland introduced a code of practice on the right to disconnect in 2021.
• Australia gave many employees a right, from August 2024, to refuse to monitor or respond to out-of-hours contact unless the refusal is unreasonable.

Should the UK introduce a similar right?

There is a good argument for limiting out-of-hours emails and messages. Employees should not feel pressured into replying to their managers in the evening or on holiday.

However, there also needs to be flexibility. Some employees prefer to deal with client or customer queries in their own time so that their return to work is more manageable, and they should be free to do so. With that freedom comes some responsibility for looking after their own wellbeing.

What employers can do now

Even without a legal right to disconnect, employers can set clear expectations. A policy on out-of-hours contact, realistic working hours in employment contracts and managers who lead by example can all help. Keeping an eye on workloads and stress-related sickness matters too, and our absence management advice can support employers where problems arise.

If you would like advice on working time or out-of-hours contact, book a free 30-minute consultation or call Complete Employment Solicitors on 0141 471 9166.