Right to disconnect: NL and UK policy guide for HR teams

Burnout costs European employers billions each year. Therefore, lawmakers across the EU now treat after-hours work as a workplace risk. The right to disconnect gives employees a clear expectation that evenings and weekends stay free. Belgium and France already enforce statutory rules. Meanwhile, the Netherlands debates its own bill. The UK weighs a right to switch off. HR leaders need clarity now. This guide explains when you need a right to disconnect policy and how to draft one well.

What is the right to disconnect?

The right to disconnect is the legal or contractual right to ignore work emails outside agreed hours. In simple terms, employees can switch off without fear of penalty. The concept first appeared in French law in 2017. Today, it underpins broader EU efforts to protect mental health. It also addresses workplace wellbeing in a remote-first economy.

Many countries enforce the right through company-level policies. Others rely on collective agreements between unions and employers. Either way, the goal stays the same. Clearer boundaries between work and life reduce stress. They also lift performance and engagement over time.

Why does this policy matter in 2026?

The right to disconnect matters because remote work has erased the line between office and home. As a result, employees check messages late at night and on holidays. Studies link this always-on culture to anxiety, sleep loss, and burnout. Therefore, regulators now treat the issue as a health and safety duty, not a perk.

For employers, the stakes are practical. Strong after-hours communication rules cut sick leave and lower attrition. They also help you attract talent. Moreover, a clear right to disconnect policy reduces claims tied to overwork or psychosocial harm.

How does the EU treat the right to disconnect?

Several EU member states have introduced national laws on the right to disconnect. France led the way in 2017. The French rule requires companies with 50 or more employees to negotiate disconnect arrangements. Belgium followed with rules for federal civil servants and private firms with 20 or more employees. Spain, Italy, Portugal, and Ireland have added similar protections through statute or codes of practice.

Germany has not legislated yet. However, large unions there push for similar rules. At EU level, social partners continue to negotiate a wider framework. Employers should expect tighter rules ahead.

Do you need a right to disconnect policy in the Netherlands?

Dutch employers do not yet face a legal duty to publish a right to disconnect policy. However, an initiative bill on the right to be unreachable (recht op onbereikbaarheid) sits in parliament. Therefore, many HR leaders prepare now rather than later.

Even without a Dutch statute, employers face existing duties. The Arbowet requires reasonable steps to prevent psychosocial workload. Furthermore, the Working Hours Act limits maximum hours and rest periods. A clear right to disconnect policy helps you meet both. Additionally, the works council can demand one under WOR Article 27. In short, drafting a right to disconnect policy in 2026 is sensible for any NL employer.

What about the right to disconnect in the UK?

The UK has no statutory right to disconnect today. However, the government’s Plan to Make Work Pay proposes a right to switch off. Officials plan to deliver this through a code of practice rather than primary legislation. Therefore, UK employers should monitor developments and prepare voluntary policies now.

Existing duties already apply. The Working Time Regulations cap average weekly hours. Health and safety law also treats workplace stress as a real risk. Moreover, tribunals increasingly hear claims linked to overwork. A right to disconnect policy lowers that exposure. It also signals a healthy culture to candidates.

How to draft a right to disconnect policy

A strong right to disconnect policy sets clear boundaries, defines responsibilities, and allows fair exceptions. First, map current after-hours communication patterns. Next, agree the scope, channels, and emergency carve-outs. Finally, train managers and review the policy each year.

Include these elements in your right to disconnect policy:

• Scope: who the policy covers, including remote and hybrid staff.
• Core hours: when employees should respond to messages.
• Quiet windows: protected times when contact is discouraged.
• Channels: rules for email, Slack, Teams, and phone.
• Exceptions: clear criteria for genuine emergencies.
• Manager duties: lead by example and avoid late messages.
• Reporting: a safe route for staff who feel pressured.
• Review: annual check linked to wellbeing data.

Keep the document short and plain. Otherwise, employees will not read it. Also test the policy with a small team first.

Common mistakes to avoid

Many employers copy a template and stop there. However, that approach rarely works in real workplaces. First, vague language invites disputes. Next, poor manager behaviour undermines the policy fast. Additionally, ignoring works council consultation creates legal risk in the Netherlands.

Avoid blanket bans without exceptions, since real businesses face urgent issues. Equally, avoid endless exceptions that erase the protection. Finally, do not forget cross-border teams. International calendars, time zones, and EOR-employed staff need tailored rules. Treat the policy as a living document and update it whenever working patterns shift.

Build your right to disconnect policy with Octagon

The right to disconnect is no longer a fringe debate. Both NL and UK employers face mounting pressure to act. A clear policy protects your people and your business. Octagon Professionals supports international employers with HR consultancy, payrolling, and EOR services in the Netherlands and the UK. Our team helps you draft a compliant right to disconnect policy and align it with Dutch labour law. We also help you roll out healthy work practices across borders. Get in touch with Octagon today to scope your policy and protect your hybrid workforce.

Frequently asked questions

Is the right to disconnect law in the Netherlands?

Not yet. The Netherlands has no specific statute on the right to disconnect in 2026. However, an initiative bill on the right to be unreachable sits in parliament. Existing rules on working hours and psychosocial workload still apply, so employers should prepare a policy now.

Does the UK have a right to switch off?

The UK has no statutory right to switch off in 2026. The government has proposed introducing one through a non-binding code of practice rather than a hard law. Employers can already publish voluntary policies. Doing so cuts health and safety risk and helps attract talent.

Who needs a right to disconnect policy?

Any employer with hybrid or remote staff benefits from one. In the Netherlands, larger firms face works council consultation duties. In the UK, big employers face reputational and tribunal risk without one. Multinational companies should adopt one unified right to disconnect policy across jurisdictions.

What should a right to disconnect policy include?

A good policy defines scope, core hours, quiet windows, and exceptions. It should also set channels, manager duties, reporting routes, and an annual review. Keep the language plain and short. Most importantly, train managers so the policy reflects real daily behaviour, not just paperwork.