As we move further into 2026, HR leaders continue to ask a pressing question: do UK employers need a formal ‘right to disconnect’ policy? With hybrid working firmly embedded and employee wellbeing high on strategic agendas, the need for clearer boundaries between work and personal time has never been more apparent.

At the same time, the legislative landscape has shifted. While many expected the UK to follow countries such as Ireland and Belgium in introducing formal protections, the government has stepped back — leaving employers with important choices to make.

Where are we now?

Early versions of Labour’s New Deal for Working People included a commitment to give employees a legal right to ignore work communications outside contracted hours. However, in 2025 and 2026 the government confirmed a significant change in direction, the statutory right to disconnect will not be introduced, citing concerns about additional burdens on businesses during economic uncertainty.

Although speculation remains about a potential code of practice around the right to disconnect, no timeline has been confirmed and recent commentary suggests this is unlikely in the near term. The result is clear, there is currently no UK law preventing employers from contacting employees outside normal working hours.

Hybrid work has changed the game

Even without legislative change, working patterns have evolved dramatically. ONS reports approximately 28% of people in the UK work hybrid patterns.

This shift has delivered real benefits including flexibility, autonomy and improved retention but it has also introduced new risks:

• An “always-on” culture driven by digital communication
• Blurred boundaries between home and work
• Increased stress, burnout and disengagement
• Unclear expectations around out-of-hours availability

HR teams are seeing the impact through wellbeing data, employee relations cases and manager feedback. In the absence of a legal framework, organisations must decide how proactively they want to address these challenges.

Learning from global practice?

While the UK has stepped back, other countries have moved forward. Ireland introduced a Code of Practice on the Right to Disconnect in 2021, and Belgium now requires organisations with more than 20 employees to implement formal disconnection rules, including communication protocols and staff training.

These approaches reflect a shared principle that healthy boundaries are essential for sustainable performance, aligning closely with what UK employees increasingly expect: clarity, autonomy and psychological safety.

Leadership behaviour and the ‘always on’ signal

The debate has been sharpened by recent comments from Stuart Machin, Chief Executive of Marks & Spencer, who suggested leaders should not fully disengage from work while on holiday. While some view this as executive accountability, HR commentators have warned that when senior leaders model constant availability, the behaviour quickly filters down.

Employees without the autonomy or seniority to set boundaries may feel implicit pressure to remain contactable, even where no formal expectation exists. Over time, this can contribute to fatigue and disengagement of employees. This is precisely the risks right to disconnect frameworks seek to address. The message is clear and leaders need to consider that the issue is as much about leadership behaviour as written policy when it comes to employees feeling at ease to disconnect on holiday.

Should UK employers act to create an environment that allows for disconnection anyway?

In short, the answer is yes! Even without legislation, the business case for setting digital boundaries is compelling:

• Protects wellbeing and reduces burnout
• Support sustainable hybrid working
• Strengthen culture and employer brand
• Future-proof against high attrition and staff attraction issues
• Risk management, a business should not be dependent on key individuals and should be able to cope without leaders/critical roles.

How employers can move forward in 2026

A right to disconnect policy does not need to be complex nor does it have to even be written down. The most effective approaches are practical, collaborative and aligned with organisational culture:

• Set clear expectations around response times and urgency
• Equip managers to role-model healthy digital behaviour
• Teach managers to confidentially delegate
• Time management
• Embed boundaries through policies, onboarding and leadership development
• Review regularly as working patterns evolve

And most importantly, as leaders you must lead by example, trust your teams to survive without you and don’t glorify working whilst on holiday!

The decision not to legislate has created an opportunity for employers to act voluntarily to build stronger cultures and healthier, more engaged workforces.

In a climate of blurred boundaries and rising burnout, a clear, values-aligned right to disconnect culture is not just progressive HR practice, it makes good business.

Blog by by Annalie Briers, Senior HR Consultant