What is The Right to Disconnect?

Ever closed your laptop after work only to hear the ping of work emails on your phone? You’re not alone. The right to disconnect is changing this experience for you and many other workers.

Simply put, the right to disconnect is your legal entitlement to completely switch off from work outside your regular hours. It means you can ignore those late-night emails, after-hours texts, or weekend calls without having to worry about any potential consequences.

While it’s not a new concept, it started to gain formal recognition in France in 2017, when they passed the first right to disconnect law. They did this to combat the “always-on” culture that our digital devices created.

Fast forward to now, and countries like Italy, Spain, and Belgium have followed suit. There are now worldwide discussions about this topic. For example in the UK. Even though no formal legislation is yet in place. 

Why does this matter? Well, our brains need genuine rest to recover and perform at our best. Being constantly connected creates an always-on culture, where rest is often traded for perceived productivity. 

Think of it like charging your phone – if you keep using it while it’s plugged in, it never fully recharges. You’re the same way.

The right to disconnect isn’t about avoiding work responsibilities. It’s about creating healthy boundaries that actually make you more productive and creative when you are working.

But what does disconnecting actually look like in practice? Let’s explore how you can implement this in your own life, even if your country doesn’t have formal protections yet.

Global Outlook: Where It’s a Law or Policy

The right to disconnect is gaining momentum worldwide, though it looks different depending on where you call home. Let’s take a quick tour around the globe to see who’s paving the way for others to follow suit. 

France blazed the trail in 2017 with the first formal right to disconnect law, requiring companies with more than 50 employees to negotiate after-hours communication policies.

Good news, they’re not alone anymore! Here’s how other countries are approaching it:

• Ireland introduced a code of practice in 2021, giving employees the right to disengage from work communications outside normal hours
• Belgium made it illegal for managers to contact civil servants after hours (except in emergencies)
• Portugal forbids employers from contacting workers outside working hours altogether
• Australia has incorporated disconnect rights into some enterprise agreements
• Spain requires companies to create digital disconnection policies
• The UK doesn’t have specific legislation yet, but the right to switch off is being more frequently discussed in workplaces. 

Across the pond, California is trying to make this a reality with a right to disconnect law proposal that would allow employees to ignore after-hours communication.

Interestingly, enforcement varies dramatically. Some countries have strict penalties for violations, while others rely on voluntary compliance or workplace policies.

The rules for contacting staff after hours might seem like red tape to some, but they represent a growing acknowledgement that your mental health matters just as much as the bottom line.

So what might this mean for you if you’re in the United Kingdom? Let’s look at how these rights actually play out in real workplaces.

The Right to Switch Off in the UK

If you’re in the UK, you might be wondering where things stand with the right to disconnect. The short answer? It’s complicated but we will try to do our best to explain it simply to you. 

Currently, the UK doesn’t have specific legislation guaranteeing your right to switch off. But that doesn’t mean the concept is being ignored.

The conversation is definitely heating up. Unions like Prospect have been campaigning for formal recognition in the UK for the right to disconnect and switch off, which workers deserve in a digital age.

While there aren’t explicit rules for contacting staff after hours,  government bodies in the United Kingdom have acknowledged, the existing framework does offer some protections:

• The Working Time Regulations limit your working week to 48 hours (unless you opt out)
• Health and Safety legislation requires employers to assess and manage work-related stress
• The Employment Rights Act protects you from unfair treatment if you refuse unreasonable demands

Many UK organisations are getting ahead of legislation by creating their own policies. These typically include guidance on:

• When it’s appropriate to send emails (hint: not at midnight)
• Clear, healthy, expectations about response times outside office hours
• Using “delay send” features to respect colleagues’ personal time

The pandemic has accelerated this conversation as work-from-home blurred the boundaries between professional and personal life. Many of us found ourselves answering emails from the dinner table or checking Slack while watching TV.

So what can you do while waiting for formal protections? Let’s explore some practical strategies to create your own boundaries, even without a law backing you up.

Why Is This Important for Your Mental Health?

The negative effects of feeling like you always have to be available are something Jasmijn – a psychologist at OpenUp – often sees in her sessions with clients.

The pressure to always be available can be caused by several things, explains psychologist Jasmijn: “It can stem from real expectations from the employer,  but also because employees may consider themselves as a good employee if they are always available (from their own perception)”. 

Being constantly available may seem like dedication, but it can be exhausting. Ongoing work pressure outside of working hours can lead to:

• Chronic stress
• Sleep disturbances
• Emotional exhaustion
• Strained personal relationships
• Difficulty unwinding
• Trouble recovering from a busy day
  

Think of it like a phone: if you keep using it while it’s charging, it never reaches a full battery. Your brain and body work the same way.

Those who truly allow themselves to disconnect return with renewed energy, fresh insights, and greater focus. Rest isn’t a luxury, it’s a requirement for both your well-being and performance.

Practical Tips: How to Protect Your Free Time

You don’t have to wait for legislation to start taking care of yourself and setting boundaries. Here’s what you can start doing today:

• Turn off work app notifications after working hours
• Align with your team on what does and doesn’t count as after-hours communication
• Use email scheduling tools to send messages later
• Define within your team what truly counts as urgent
• Prioritise self-care and boundary-setting
• Lead by example, especially if you’re in a leadership role
  

How OpenUp Helps

At OpenUp, we help organisations turn digital well-being into concrete, actionable policy, so that employees don’t just feel heard, but truly protected.