Five things you need to know about the Right to Disconnect

One:  Why was there a need to enshrine a Right to Disconnect in law?

Most of us welcomed some of the changes that came with a post-covid world. All those boring meetings were a little more bearable if you could do them from the comfort of your “home office” on Teams while secretly wearing shorts and slippers. 

While I wouldn’t go back to shuffling into the office five days a week and sitting at my desk, I also appreciate that sometimes freedom can be an illusion.  For some, the reality is that they’re in a digital cage where they can be contactable long after quitting time.  

The Right to Disconnect has been introduced into the Fair Work Act in response to mounting concerns regarding mental health issues in the workplace, specifically those stemming from stress and excessive workloads. The legislation seeks to address the instances when employees are pressured to remain accessible outside their designated work hours, leading to burnout. By prioritising employee well-being and productivity, this legislation represents a significant step towards recognising and addressing the costs of employee burnout.

Two: What does the Right to Disconnect mean in practical terms?

An employee may refuse to monitor, read or respond to contact, or attempted contact, from an employer (or from a third party) outside of the employee’s working hours unless the refusal is unreasonable.”

Three: What is an unreasonable refusal? 

The legislation allows employers to contact employees after hours in the case of an emergency.  Also, there are some roles in which occasional after hours contact is part of the role and it would be unreasonable to refuse to take a call. 

The legislation provides the following guidelines for determining whether contact was unreasonable:

·        The reason for the contact

·        The method of contact and the level of disruption it causes

·        Whether the employee is paid to be available or is paid for additional hours worked.

·        The nature of the role and the level of responsibility held by the employee

·        The employees’ personal circumstances (including family or caring responsibilities).

Four:  What should employers do to avoid breaching the legislation?

·        Let everyone in your organisation know of the change in legislation and that there is an

expectation that staff disconnect from work communications when they are not at work, except in particular circumstances. 

·        Create or amend your policies to reflect the change; specifically, managers should ask each staff member under their supervision to document what levels of after-hours contact they are willing to accept and the circumstances in which they are willing to be contacted.  Then, ensure that the employee’s view of what is acceptable is in keeping with the expectations of their role.  For example, if an employee is a shift worker and it is not unusual for managers to have to contact staff members to see if they are willing to cover a shift, it would be unreasonable not to be able to do so after hours. 

·        Ensure that the policy recognises that some positions will require some out-of-hours work depending on the service being provided and the employee’s role.

·        Ensure that those employees for whom the business needs necessitate them being available after hours are aware of that requirement and that they are appropriately compensated for it.  

Five: When does the Right to Disconnect become law?

The law will come into effect for large businesses on 26 August 2024.