If you work remotely in the UK, the boundary between “on” and “off” can feel blurry at the best of times. A Slack message at 9pm. An email flagged urgent on a Sunday morning. The expectation that because your laptop is at home, you’re always available.

A formal right to disconnect was one of the headline promises in Labour’s Plan to Make Work Pay. But if you’ve been waiting for it to arrive alongside the Employment Rights Act 2025 changes, you’ll need to keep waiting a little longer.

What’s Actually Happening

The right to disconnect is not included in the Employment Rights Act 2025. Unlike the day-one sick pay and flexible working strengthening that took effect in April 2026, this measure is being delivered separately – through a statutory Code of Practice rather than primary legislation.

The government confirmed this during a House of Lords debate in early 2026, after reports had circulated that the policy had been quietly shelved. It hasn’t been abandoned, but the timeline has slipped. The Code of Practice is now widely expected to arrive in early 2027, though no firm date has been confirmed. The timeline has slipped from earlier indications that it might come in late 2026.

What a Code of Practice Actually Means

A statutory Code of Practice is not the same as a legal right. It won’t create a standalone cause of action – you can’t sue your employer simply for sending a late-night email. But it does carry weight.

Employment Tribunals are required to take statutory codes into account when deciding cases. If an employer routinely contacts staff outside working hours and that behaviour contributes to, say, a constructive dismissal claim, the Code would be relevant. In practical terms, it sets a benchmark for what reasonable employer behaviour looks like.

This is a lighter-touch approach than countries like France, Belgium, or Australia have taken. France’s 2017 law requires companies with 50+ employees to negotiate disconnect agreements. Australia made the right to disconnect a formal workplace right in 2024, with penalties for employers who unreasonably contact staff out of hours.

The UK approach relies on guidance rather than enforcement – consistent with the broader tone of the Employment Rights Act reforms.

Why This Matters for Remote Workers

The always-on culture hits remote workers hardest. When your office is your kitchen table and your commute is twelve steps, the signals that mark the end of a working day disappear. Research from the CIPD consistently shows that remote workers are more likely to work unpaid overtime and less likely to fully switch off.

A Code of Practice won’t solve that on its own. But it does signal to employers that expectations around out-of-hours contact need to be formalised and reasonable – and gives workers something to point to when those expectations aren’t met.

What to Do Now

The consultation on the draft Code is expected later in 2026. In the meantime:

  • Check your contract and policies – does your employer already have guidance on out-of-hours contact?
  • Set your own boundaries – use tools like scheduled send, notification snoozing, and explicit sign-off times
  • Document patterns – if you’re regularly contacted outside working hours, keep a record

The right to disconnect may not arrive with the force of law. But for remote workers who’ve been waiting for formal recognition that “available” and “working” aren’t the same thing, it’s a step forward – even if it’s a slower one than promised.

This article covers evolving UK employment policy. Details may change as consultation progresses. For the latest on UK employment rights changes, see our April 2026 employment rights update and flexible working rights guide.

Sources: Lewis Silkin – What’s in the Employment Rights Act | GOV.UK – Employment Rights Roadmap | Mondaq – In the Pipeline, March 2026