The Right to Disconnect: Everything Employers Need to Know

In our hyperconnected world, where work emails and messages follow us beyond office hours, Parliament has passed a Fair Work Amendment which introduces The Right to Disconnect.

Let’s look into the key considerations surrounding this new concept. 

What is The Right to Disconnect?  

The Right to Disconnect grants employees an enforceable workplace right to refuse to monitor, read or respond to contact (or attempted contact) from an employer or a party outside of their ordinary working hours, unless such refusal is unreasonable.  

Certain factors may be considered when deciding if a refusal is unreasonable such as the extent of compensation provided for remaining accessible outside regular hours, nature of the employee’s role or level of responsibility. 

The right to disconnect found its place in the spotlight when it passed through the Australian parliament on 12 February 2024. However, its provisions won’t take effect until 26 August 2024 for non-small business employers and 26 August 2025 for small business.  

The right to disconnect will be incorporated in all modern awards.

Consequences in Breaching This Right

This right will be treated as part of the General Protections under the Fair Work Act. This means an employee may lodge an enquiry with the Fair Work Ombudsman or initiate a dispute, should they consider this right has been violated.  Due to the right to disconnect becoming a workplace right, it is unlawful to take adverse actions such as dismissal or demotion against employees exercising it. 

How to Get Ready?  

Adapting the Right to Disconnect may present challenges so clear guidelines are crucial for smooth transition. This includes:  

1. Policy Development and Communication: 

• Create a clear policy that outlines employees’ rights and expectations regarding after-hours communication. 
• Communicate the policy: Regularly inform employees about the policy, emphasising their right to disconnect and the process for handling after-hours requests. 

2. Training and Awareness: 

• Train managers: Provide training to managers to ensure they understand the changes and are aware of employees’ rights.  
• Educate employees: Make sure employees are aware of their rights and how to exercise them depending on the nature of their role.
   

3. Technology Use: 

• Implement tools to manage after-hours communication. For example, set up email filters or scheduling features to delay non-urgent messages until working hours. 

• Encourage digital boundaries: Remind employees to turn off work-related notifications outside their designated work hours.
   

4. Culture and Leadership: 

• Lead by example: Senior leaders should demonstrate healthy work habits by respecting boundaries and avoiding excessive after-hours communication. 
• Foster a culture that values employees’ well-being and encourages them to disconnect when needed.
   

5. Monitoring and Feedback: 

• Monitor compliance: Regularly assess adherence to the policy and address any violations promptly. 
• Seek feedback: Gather input from employees on the effectiveness of the right-to-disconnect measures. 

Takeaways

Ultimately, the Right to Disconnect signals a shift in the Australian employment landscape.

The new “Right to Disconnect” aims to harmonise work-life balance while meeting business expectations. Achieving this delicate equilibrium now becomes crucial for every employer within this new legal framework. Supporting the right to disconnect benefits both employees and employers by promoting well-being, productivity, and work satisfaction. 

With the introduction of the “Right to Disconnect,” it’s time to redefine your work-life balance strategy. Contact us for expert HR guidance that aligns with the new legal standards and supports your team’s well-being and productivity.

And if you’re still scratching your head about the upcoming “Right to Disconnect” Australian legislation changes, check out the below webinar recording! Alongside the top legal minds at Cowell Clarke, our Head of HR hosted a complimentary webinar to delve into the legal complexities of the upcoming changes, as well as explored their practical implications through a detailed case study. This is your opportunity to get a better grasp on the topic from both a legal & practical HR perspective!