Right to Disconnect UK (2026): Is It Law, and What Applies Now
There is no UK right to disconnect law yet. What the Employment Rights Act 2025 does and doesn't say, the rules that already apply, and a sensible policy.
As of October 2026 there is no UK law giving workers a "right to disconnect" — a right to ignore work emails, calls and messages outside their working hours. It was talked about as part of the government's employment reforms, but it is not in the Employment Rights Act 2025, which is the law those reforms became. What does apply already is the Working Time Regulations: rest between working days, weekly rest and the 48-hour average. This guide sets out where things stand and how to write a sensible out-of-hours contact policy anyway, with your timesheet records as the evidence of what was actually worked.
What Is the Right to Disconnect?
A "right to disconnect" usually means a worker can switch off from work contact outside their working hours without being penalised for it. Some other countries have rules like this. The UK does not, yet:
- The Employment Rights Act 2025 has no right to disconnect. The government's Employment Rights Act factsheets cover zero-hours contracts, flexible working, sick pay, unfair dismissal and more, but none covers out-of-hours contact.
- There is no "Workers (Predictable Terms and Conditions) Act 2026". An Act called the Workers (Predictable Terms and Conditions) Act 2023 dealt with requests for a predictable working pattern, not disconnecting, and it is now repealed.
- Existing law still limits out-of-hours work. The Working Time Regulations give most workers 11 hours' rest between working days, a weekly rest period and a 48-hour average week, and time spent on call at the workplace counts as working time (Acas).
Where things stand (3 October 2026): no statutory right to disconnect in the UK. If that changes, it will appear on GOV.UK first. Until then, an out-of-hours contact policy is your choice, but rest breaks and working-time limits are not.
How This Affects Timesheets
Whether or not a right to disconnect arrives, your timesheet system is your evidence of when people actually worked: it shows whether rest periods were respected and whether out-of-hours work was recorded and paid. If you adopt a disconnect policy, these are the records that show it is followed:
| Requirement | Timesheet Evidence Needed |
|---|---|
| Contracted hours defined | Contract shows 9am-5pm, timesheets prove work stayed within this |
| No expectation to respond outside hours | No logged work activity after 5pm, no evening/weekend entries |
| Overtime is voluntary and recorded | Any out-of-hours work clearly marked, pre-approved, and paid |
| On-call periods documented | If genuinely on-call, recorded as such with availability payment |
Exemptions & Exceptions
If you write a disconnect policy, some roles will genuinely need out-of-hours availability. Make that explicit in contracts and record it in timesheets:
Emergency services & healthcare
On-call rotas documented, availability payments tracked
Senior management roles
Contract must explicitly state "availability expected" + appropriate salary level
Genuine emergencies
Rare, documented incidents (building fire, data breach) — not "urgent" client emails
Common Mistake: "Our work is always urgent" makes a policy meaningless. Regular out-of-hours contact can also cut into the 11-hour rest workers are entitled to.
What the Law Already Limits, and What Is Good Practice
Sending an email at 9pm is not illegal in itself. What the law does limit:
- Rest — most adult workers are entitled to 11 hours' rest between working days and a weekly rest period. Work done to answer late messages can eat into that. See our guide to rest between shifts.
- Hours — no more than 48 hours a week on average unless the worker has opted out, and on-call time at the workplace counts.
- Pay — hourly-paid staff must be paid at least the minimum wage for the time they work, including out-of-hours work.
Good practice, rather than law: don't expect instant replies outside hours, don't judge performance on out-of-hours responsiveness, avoid meetings outside working hours, and pay for genuine on-call availability.
What Helps in a Time Tracking System
If you want to monitor out-of-hours work, these features help (not every system has all of them):
Defined working hours per employee
Contract hours (e.g., 9-5) recorded in system
Flag out-of-hours work attempts
Alert if timesheet entry made at 10pm: "Is this pre-approved overtime?"
Overtime approval workflow
Manager pre-approves out-of-hours work before it happens
Report on after-hours patterns
Monthly report: "3 employees regularly working past 6pm — investigate"
What Claims Are Possible Today?
With no right to disconnect, there is no specific tribunal claim for out-of-hours contact. Existing claims can still apply where out-of-hours demands lead to them: for example, breaches of working-time rest rights, unpaid minimum wage for time worked, or unfair dismissal and discrimination claims under existing law. Following the Acas Code of Practice in any disciplinary process matters: tribunals can adjust awards by up to 25% for an unreasonable failure to follow it.
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Best Practice Disconnect Policy
- Written policy — Document your out-of-hours contact rules and share them with all staff. See our timesheet policy template for a starting point
- Lead by example — Senior leaders don't send emails at 11pm
- Delayed send — If working late, schedule emails to send during business hours
- Pre-approve overtime — Manager approves out-of-hours work before it happens
- Pay for on-call — If genuinely need availability, pay for it explicitly
- Monitor patterns — Monthly review of who's working outside hours
- Timesheet evidence — Use time tracking to show when people actually worked
Why bother without a law? Clear out-of-hours rules make expectations fair and visible, and they protect the rest time workers are already entitled to.