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Read more articles in: Amanda Hyam, Blog, Employment Law
22 July 2026
We all know how busy work can get and sometimes there may be a genuine need to contact an employee outside of their working hours.
However, since the widespread implementation of remote working arrangements during the pandemic, instances of employers contacting their employees outside of working hours are on the up.
This has prompted thousands of social media posts discussing inappropriate contact between bosses and employees outside of their contracted hours, so it raises the question: Do employers know their rights to contact employees outside of working hours?
A right to disconnect ensures an employee cannot be contacted about work outside of their working hours, unless there is a prior agreement.
Due to the increase in hybrid and online working, the right to disconnect is less about contacting employees, but more about their right to not respond until they are back at work.
This includes emails, text messages, phone calls and instant messaging over platforms like Teams.
Increasing hours at work lead to heightened stress levels and lower levels of mental wellbeing, which inevitably lead to lower quality of work and decreased concentration levels.
In England and Wales, employees do not have the right to disconnect. However, this does not mean that employers have the right to contact employees at all hours of the day.
There have been talks about implementing the right to disconnect. However, this has yet to pass through parliament. There are some protections that employees have at the moment for the right to disconnect.
Under the Working Time Regulations 1998, there are strict limits set on weekly working hours, rest breaks and daily rest periods.
If there is regular contact with employees outside of working hours, this may be classified as working time, particularly if employees are required to respond or take action.
This means that employers regularly contacting employees may be in breach of this law and could face fines for their non-compliance.
Employers also have a duty of care to their employees. Under UK law, they must protect their employees’ health and safety, which includes mental wellbeing.
Persistent contact of employees out of hours can contribute to stress, burnout and long-term absence, which could expose employers to legal risk.
Several European countries have already taken steps to recognise the right to disconnect and protect employees’ work-life balance.
France led the way by introducing a formal right to disconnect in 2017, requiring employers to negotiate arrangements for managing out-of-hours communications with employees or trade unions.
Ireland has adopted a less prescriptive approach through its Code of Practice on the Right to Disconnect, which sets out expectations around respectful communication and employees’ entitlement to disengage from work outside their normal hours.
Belgium has also strengthened protections in this area. Since April 2023, employers with 20 or more employees have been required to implement measures covering the right to disconnect, usually through collective agreements or changes to internal workplace policies.
It is important to note that all of these countries have strong trade union backgrounds.
The UK is set to follow with the strengthening of trade union protections during the update of the Employment Rights Act 2025 in October 2026, which could see the right to disconnect given more attention.
It is the employers’ duty to protect their employees’ mental wellbeing and adhere to the legal guidelines on working hours to avoid fines and reputational damage.
Our talented team of solicitors can advise you to remain compliant with the laws and can also advise on workplace policies to keep management compliant with the rules.
We can help you help your employees.
For more information on how we can support with disconnecting, get in touch today!
