Yes, you can refuse to answer work calls while on annual leave in the UK. Annual leave is a statutory right under the Working Time Regulations 1998, and the purpose of that right is rest and relaxation. An employer who pressures you to work during annual leave — even by answering calls or checking emails — is undermining that right. The emerging “right to disconnect” framework supports your position.
Key Takeaways
- Annual leave is a statutory right under the Working Time Regulations — your employer cannot require you to work or be contactable during it.
- Answering calls or emails during leave is, technically, working — and should be treated as such.
- The right to disconnect is not yet a standalone UK law, but the Health and Safety at Work etc. Act 1974 requires employers to manage work-related stress, which includes ensuring employees can switch off.
- If your employer expects you to be contactable during leave, this should be explicitly stated in your contract with appropriate compensation.
- A “keeping in touch” day is voluntary during maternity leave — and should be the same for annual leave. You decide whether to engage.
Is Answering a Call or Email “Work”?
Under the Working Time Regulations, “working time” is any period during which the worker is working, at the employer’s disposal, and carrying out their activities or duties. Answering a work email or taking a work call during annual leave meets this definition. If you are working, you are not on leave.
If your employer expects you to check emails during annual leave, they are effectively reducing your statutory leave entitlement. This is a breach of the Working Time Regulations, regardless of whether you are physically at your desk.
What About “Checking In Voluntarily”?
Many employees check emails during leave voluntarily, believing it makes the return easier. Legally, this is still working. The Working Time Regulations do not distinguish between “voluntary” and “required” work — if you are performing work activities, you are not resting.
In practice, many employees do check in occasionally, and most employers tolerate this without complaint. But the legal right is clear: you are entitled to uninterrupted leave, and you cannot be penalised for disconnecting.
Does the UK Have a Right to Disconnect?
The UK does not yet have a specific “right to disconnect” law like France, Ireland, or Belgium. However, the existing legal framework provides similar protections:
- The Working Time Regulations 1998 guarantee the right to 5.6 weeks of uninterrupted annual leave
- The Health and Safety at Work etc. Act 1974 requires employers to manage stress and ensure adequate rest
- Employment contracts implicitly require mutual trust and confidence — an employer who demands 24/7 availability during leave may breach this
The UK government consulted on a right to disconnect in 2024-2025, following Ireland’s Code of Practice. While no legislation has been introduced as of 2026, several large UK employers (including Vodafone, Unilever, and some NHS trusts) have adopted voluntary right-to-disconnect policies.
What Your Contract Says
Check your contract for any clause about out-of-hours contact. Some contracts in senior or client-facing roles include an expectation of reasonable contact during leave:
| Contract says | What it means |
|---|---|
| “Available for urgent matters during leave” | You must be contactable for genuine emergencies — but this should be rare |
| “May need to check emails periodically” | Some expectation of contact, but subject to a reasonableness test |
| No mention of out-of-hours contact | You are entitled to be fully disconnected |
Even if your contract mentions contact during leave, it must operate within the Working Time Regulations — meaning you still receive your full leave entitlement. If you take a call, that period should arguably be reinstated.
How to Handle It
If your employer contacts you during leave and you want to disconnect:
- Don’t respond — you are under no obligation to answer
- Set clear expectations before you go — update your out of office with the colleague to contact in your absence
- If pressured, politely explain: “I’m on annual leave and won’t be checking emails. Please contact [Colleague] for urgent matters. I’ll respond when I’m back on [Date].”
- Document it — if the contact is persistent, keep a record of calls and emails received during leave
For more on setting expectations, see our out of office message examples.
FAQ
Can my employer discipline me for not answering during leave?
No. Disciplining you for not answering work calls during annual leave could amount to a detriment for exercising your statutory right to annual leave. This would likely be unlawful.
What counts as an emergency?
A genuine emergency is something that only you can resolve and that cannot wait until you return. Most work issues are not genuine emergencies. If your employer cannot define what counts as an emergency, assume nothing does.
What if I’m self-employed or a contractor?
The rules are different for genuinely self-employed workers, who do not have the same Working Time Regulations protections. Your contract should specify your availability during leave periods.
Can I negotiate a “contactable leave” policy?
Yes. Some senior roles include a provision for limited contact during leave, often compensated with additional pay or time off. If this is a requirement of your role, it should be documented in your contract and compensated accordingly.
Does the right to disconnect apply to sick leave?
Yes — and arguably even more so. If you are off sick, you should not be working at all. See our working another job while on sick leave guide for the risks of working during a period of certified sickness.