The UK government has pledged to enshrine the "right to switch off" from work into law, in a move hailed by many as a step forward for employee rights. It would see employers penalised for contacting workers outside of their agreed working hours, in an attempt to improve people’s wellbeing and work-life balance.

With mental health problems a growing problem in the workplace, the move has been welcomed by many.

According to a 2024 report by Mental Health UK, more than a third of adults experienced high or extreme levels of pressure and stress in the past year. Amid rising levels of people out of work due to long-term sickness, the survey of more than 2,000 adults found one in five workers had to take time off due to poor mental health caused by burnout.

But what exactly will the "right to switch off" entail for workers — and will it help to address the burnout epidemic?

Kate Palmer, employment services director at the employment law and HR firm Peninsula, explains that the right to switch off is the right for employees to leave their work at work — without emails, phone calls and messages bothering them outside of their allocated working hours.

Read more: How app fatigue is taking its toll on workers

“This has been on the agenda much more in the last couple of years as more employees work from home therefore the lines between personal and professional boundaries are becoming more blurred,” she says.

“In countries such as France and Spain there is a legal requirement for some employers to work with employee representatives to develop their own right to disconnect, but there is no such law in the UK.”

A "right to disconnect" rule also recently came into effect in Australia, which allows employees to ignore communications after hours if they choose to, without fear of being punished by their bosses. Although the law does not ban employers from contacting workers after hours, it gives the staff the right not to reply unless their refusal is deemed unreasonable.

Instead, the UK follows the Working Time Regulations 1998 which sets out requirements for daily and weekly rest breaks. “However, as these don’t always necessarily align with an employee’s contracted hours this doesn’t prohibit an employer contacting an employee out of hours,” explains Palmer.

Will the 'right to switch off' fix the burnout problem?

Simply putting into place the right to switch off is unlikely to be a "cure" for the problem of burnout, but it may help to take the pressure off workers.

“Burnout prevails because of a lack of work-life balance and the feeling of being overwhelmed by demands, deadlines and expectations,” says Palmer.

Read more: Why so many employees engage in 'performative work'

“This can lead to long-term stress and a state of physical and emotional exhaustion in some cases. As such, telling employees not to respond out of hours does not resolve the underlying problem, but it is a useful part of an overall wellbeing strategy that helps employees to manage stress at work and address its root causes.”

However, reports suggest the government is watering down ambitions to give employees a legal right to disconnect from work outside office hours. Instead, they may introduce a code of practice for businesses.

These guidelines will essentially set out a ‘best practice’ for employers to follow. “Potentially, failing to adhere to this code could be considered by an employment tribunal when deciding on a related issue,” says Palmer.

What are the pros and cons for workers?

There are numerous benefits for workers, the most important of which is the ability to put work to one side at the end of the day.

“By freeing up time outside of work, workers are freer to participate in hobbies and socialising which can aid their overall wellbeing which in turn will aid their work life,” says Palmer.

Read more: How FOMO affects mental health at work

However, if switching off isn’t a legal right, employers may not feel the need to follow the guidelines. A worker may still feel pressured to work out-of-hours and fear repercussions, such as being sidelined for projects or promotions. Not everyone is in the position to seek legal support, either.

What are the pros and cons for employers?

Some employers may worry about a loss of revenue or clients if workers don’t log on outside of working hours. But although it may seem beneficial that staff are always available to respond to queries, it can be detrimental to an employee’s mental and physical health.

In turn, this can affect their health, job satisfaction and productivity — and lead to people needing time off, or quitting their jobs entirely.

“Employees who are not able to properly rest after a day’s work tend to suffer from increased burn out and decreased productivity. This can lead to increased sickness absence, work-related stress and overall problems with retention and morale,” says Palmer.

“The right to disconnect works to counteract this, encouraging and expecting staff to switch off when they are not working,” she adds.

“Not only can it help promote greater staff wellbeing, but it can also be an effective way for the organisation to demonstrate their care for its employees, something that can help retain staff and attract new employees.”

Download the Yahoo Finance app, available for Apple and Android.