The right to disconnect starts from the 26th August 2024 for most employers*. This new legislation is raising important questions about its implications for both employees and employers, particular how to navigate this right whilst still running an responsive operation. *For employees of small businesses, it will start on 26 August 2025. So What is the Right to Disconnect? The right to disconnect grants employees the ability to refuse monitoring, reading, or responding to work-related contact outside their designated working hours. This includes any attempted contact from their employer or third parties related to their work, such as clients or customers.. For some, this may cause some serious disruption! Key points to note: - This right does not impose a general obligation on employers to refrain from contacting employees outside of work hours. Such restrictions would only apply if an employee applies to the Fair Work Commission, which can make an order preventing contact. - It is a workplace right under the general protections provisions of the Fair Work Act, meaning employers are prohibited from taking adverse action against employees for exercising this right. When can employees say no? Employees can refuse work-related contact outside working hours unless it’s unreasonable to do so. So how do you determine what factors make the contact reasonable? - The reason for the contact: Is it urgent or critical? - How the contact is made: What level of disruption does it cause? - Compensation: Is the employee compensated for availability or for additional hours worked? - Role and responsibility: What is the nature and level of the employee’s role? - Personal circumstances: Considerations such as family or caring responsibilities. NOTE - Employees can’t refuse contact if it’s required by law. Handling Disputes If there’s a disagreement about the right to disconnect, try to solve it within the workplace first. If that doesn’t work, the Fair Work Commission can help by: