The Scale of the Problem
Out-of-hours pressure has become one of the most common workplace complaints in the UK. According to a survey by the Trades Union Congress (TUC), nearly one in three UK workers regularly work beyond their contracted hours — with a significant proportion responding to emails, calls, and messages outside of their working day without additional pay or time off in lieu.
For remote workers, the problem is acute. The daily commute once acted as a natural boundary between work and personal time. Working from home removed that boundary entirely — and for millions of employees, work now bleeds into evenings, weekends, and annual leave without any formal acknowledgement that this constitutes additional working time.
"I was expected to be available from 7 AM until whenever the last message came in," said Claire, a marketing manager who worked fully remotely for three years. "My mental health deteriorated significantly. When I eventually raised it as a health and safety concern, my employer had no idea they had any legal obligations around it."
What the Law Actually Says
Working Time Regulations 1998
Under these regulations, workers have the legal right to:
A maximum average working week of 48 hours — calculated over a 17-week reference period A minimum of 11 consecutive hours of rest between working days At least one day off per week on average 20 minutes of rest for every working day exceeding six hours Critically, time spent responding to work emails, messages, or calls outside contracted hours may count as working time under these regulations — particularly where it is habitual, expected, or effectively compulsory. If that time tips an employee over the 48-hour weekly average without their written consent to opt out, the employer may be in breach.
Health and Safety at Work Act 1974
Employers have a statutory duty to protect the health, safety, and welfare of their employees — including their mental health. Sustained out-of-hours pressure that contributes to stress, anxiety, or burnout may constitute a failure to discharge that duty.
The Management of Health and Safety at Work Regulations 1999 require employers to carry out risk assessments that include psychological risk. Ignoring the impact of always-on culture on employee wellbeing is not just poor management — it may be a legal failure.
Equality Act 2010
Where out-of-hours pressure contributes to a recognised mental health condition — such as anxiety, depression, or burnout — an employee may acquire a disability under the Equality Act. At that point, the employer has a legal duty to make reasonable adjustments. Continuing to apply out-of-hours pressure in those circumstances could constitute disability discrimination.
The Constructive Dismissal Angle
This is where out-of-hours pressure becomes most legally significant.
Constructive dismissal occurs when an employer's conduct amounts to a fundamental breach of the implied term of trust and confidence — and the employee resigns as a result. Courts and tribunals have found that sustained, unreasonable pressure placed on an employee — including out-of-hours contact — can constitute such a breach.
If you have been subjected to persistent out-of-hours pressure that has damaged your health, affected your personal life, or been used to create a pretext for performance management, document it carefully. The pattern of contact — times, frequency, tone, and your responses — may become significant evidence in a constructive dismissal claim.
What to Actually Say
Setting boundaries legally does not have to mean conflict. These phrases are professionally worded and legally grounded:
"I want to confirm that my contracted working hours are [X] to [Y]. I will respond to all messages received outside these hours on the next working day." "I am mindful of my obligations under the Working Time Regulations and would appreciate messages being sent within contracted hours where possible." "I have taken note of your message and will pick this up first thing tomorrow morning." Send these by email where possible — it creates a timestamped record of the boundary you set and your employer's response to it.
If Your Employer Ignores Your Boundaries
If you raise the issue formally and the pressure continues, consider the following steps:
Raise a written grievance citing the Working Time Regulations 1998 and your employer's duty of care under the Health and Safety at Work Act Keep a log of every out-of-hours contact — time, platform, content, and whether a response was expected Note any consequences — implied or explicit — for not responding outside hours Seek independent advice if the pressure is affecting your health Your Action Plan
Calculate your average weekly working hours over the past 17 weeks — include out-of-hours time spent responding to work contact Check whether you have signed an opt-out from the 48-hour weekly limit — and whether you want to withdraw it Set a written boundary with your employer stating your contracted hours and your availability Keep a log of every out-of-hours contact with dates, times, and content Raise a formal grievance if the pressure continues after you have set clear boundaries Check whether your situation gives you grounds for a constructive dismissal or discrimination claim 👉 https://myredundancyrights.co.uk/legality-checker Understand your full rights 👉 https://myredundancyrights.co.uk/my-rights Download your free action plan 👉 https://myredundancyrights.co.uk/action-plan Your personal time is protected by law. You do not have to be always on.