Right to work from home would need a new 'right to disconnect' law

By Forbes Solicitors

03 Jun 2020

emma-swan.jpg

Potential new legal right for people to work from home would need a ‘right to disconnect’ law to protect workers’ mental health Right to disconnect law exists in France and means workers can switch-off phones and emails outside working hours  Right to request flexible working will be more realistic approach for a new generation of agile workers 

If the government approves a legal right for people to work from home, it will also need to create a new ‘right to disconnect’ law, according to legal experts.  

A ‘right to disconnect’ law would be needed to protect the mental health of a new generation of home workers, whilst also enabling companies to fulfil their duty of care to staff and not be exposed.

No such disconnect law exists in the UK, but one was introduced in France at the beginning of 2017. This isn’t just for home workers. It means that companies have to allow employees to switch-off work mobiles and emails outside of their contractual hours.

A similar law in the UK would require employees to disconnect from their work devices and networks when they’re not working, which would avoid the blurring of personal and professional lives, as people increasingly work in their homes.

Emma Swan, head of commercial employment law at Forbes Solicitors, explains: “Under UK employment law, employers have a duty of care to protect the health and wellbeing of staff. This will become increasingly challenging if more people are working at home.

“The pressures of remote working, home-schooling and the current health and economic challenges could significantly impact people’s mental wellbeing and it can be difficult for employers to spot the signs of this without regular face-to-face contact. A right to disconnect law would go some way to stopping people working in their free time when they shouldn’t be. This needs to be carefully balanced with employers’ ability to offer flexible working from home around the current challenges.”

A right to disconnect law would be difficult to introduce. It would need to consider the practicalities of employees continuing to work offline outside of working hours, even though they were supposedly disconnected, and could also present challenges in terms of monitoring employee data. 

Daniel Milnes, a governance and information law partner at Forbes Solicitors, says: “While a right to disconnect would preserve non-work time for employees, it’d probably require employers to monitor what staff do during this time. Such monitoring does not require employee consent as it would be associated with workplace health and safety – a category the right to disconnect falls into. Data protection policies would also have to be taken into account, with time limits placed on when data should be processed electronically, and disciplinary policies considered accordingly for any breach of the disconnect rules.

“The French law first applied to home-workers and then to all employees in businesses with over 50 staff. Debate has already started about whether an employee who has got home after a day working in an office or travelling is any less deserving of protection than someone who has worked the same hours from home. There’s also a consideration about whether working agreed overtime is any different to dealing with emails after usual working hours.  

“It would certainly be difficult to monitor how employees disconnect and could create the unusual position of employees trying to conceal when they were working. Managing a right to disconnect with rigid hours, even if negotiated business-by-business as in France, will present significant challenges to employers.”

Rather than a right to work from home, it could be more practical to allow employees the right to work flexibly. This would avoid any immediate need for the introduction of a right to disconnect and provide both staff and employers with a more balanced approach to managing health and wellbeing.

Emma Swan concludes: “There are already Flexible Working Regulations in existence. Adapting these would be more practical for everyone, rather than trying to pass two very new and untested laws. This could help companies and their staff to better blend workplace and remote working, proving beneficial to employee health and wellbeing, and how companies support their employees with maintaining a work-life balance.”

Latest news

1

Wynnstay Group opens new Lancashire office to support growth The opening of the Wynnstay Group office

Wynnstay Group opens new Lancashire office to support growth

06 May 2026

2

Lancashire businesses receive King's Awards TT Instruments Muhammad Geloo and Aziz Bham

Lancashire businesses receive King's Awards

06 May 2026

3

Heineken to invest £2.16m to improve eight Lancashire pubs The Old Oak Longridge, pic courtesy of The Old Oak

Heineken to invest £2.16m to improve eight Lancashire pubs

05 May 2026

4

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal Blackpool Holiday Inn

£350m ‘Mini-Canary Wharf' gives Blackpool global appeal

05 May 2026

5

EG On The Move seals 27-site deal Zuber Issa, pic provided by EG On The Move

EG On The Move seals 27-site deal

01 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

U35 Networking Event
Logo.jpg.jpg
LBV Hub Networking
20 May 2026

U35 Networking Event

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin