Banning emails after 5pm: what the UK can learn from Portugal's right to disconnect rule

British workers could soon be allowed to ignore work-related emails and calls outside office hours under new rules to be introduced by the Labour government.

Under the party's "right to switch off" campaign pledge, new guidance will empower workers to disconnect from their jobs outside their working hours to combat what Keir Starmer has criticised as Britain's "culture of presenteeism". 

The guidance will also cover workers' annual leave, meaning bosses will not be allowed to ask employees to carry out work-related tasks while staff are on holiday. Employees would also get the right to refuse to take on extra work at the weekends. 

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The plans are similar to laws already in place in Portugal, which in 2021 legislated that companies could be fined for contacting staff outside normal working hours.

What is the law in Portugal?

It is illegal for Portuguese employers to contact employees outside working hours, except in emergencies, under the country's "Right to Disconnect" legislation. Employers cannot discriminate against workers who uphold these rights.

If an employer breaks the law, employees can seek an injunction to prevent further contact during rest periods, sue for breach of contract, or claim compensation. 

Employers may also face fines from the Ministry of Labour. For instance, a company with a turnover of €10 million (£8.4 million) could be fined nearly €10,000 (£8,500), while a company with a turnover of €500,000 (£421,500) might face a fine of nearly €5,000 (£4,200).

Are any similar laws in place in the UK?

Workers in the UK have no official right to disconnect from work outside of their contracted hours, though employers can establish their own policies. Current legislation mandates that the average working week should not exceed 48 hours when averaged out over 17 weeks.

But employers can still contact employees outside their contracted working hours and may pressure them to respond or take on extra work without facing sanctions.

Will Labour's plans be legally enforceable?

No. Labour plans to introduce new guidance for employers, which will be recommended but not mandatory, in workplace codes of practice. These reforms are inspired by models in Ireland and Belgium.

In Ireland, a non-binding code of practice suggests that employers collaborate with staff or their unions to define the "right to disconnect". This could include flexible hours to accommodate childcare, or shorter meetings to allow breaks. It could mean employers encouraging staff to use health and wellbeing benefits, and to take all their annual leave.

Can the UK learn from Portugal?

Some argue that the new legislation has allowed Portugal to move away from a "workaholic" culture. Speaking to the i news site, Bruno Barbosa, an employment law partner at PBBR law firm in Lisbon, said that workers in Portugal "want to balance properly their private sphere and private life, to spend time on their interests, including their family". 

But challenges remain in interpreting the law correctly, such as defining who qualifies as an 'employer' – for example, whether that refers to just company directors or includes colleagues in more senior positions too. Multinational companies face additional issues, as team members across different time zones might need to send emails or make contact during others' time off. 

There are also concerns that Labour's plans could be something of a "toothless tiger" if there are little to no sanctions for non-compliance, said Alan Felstead and Jane Parry on The Conversation. 

"While employers who have invested in the business case for flexible working have often developed innovative good practices, for more reluctant converts, legislation provides important employee protection in spurring organisations into action."