📢 The New Right to Disconnect: What Business Owners and Managers Need to Know

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:

Make appropriate orders to prevent unreasonable refusals.
Prevent employers from taking disciplinary action against employees.
Ensure employers do not require contact outside of working hours.

NOTE: The Commission can’t make employers pay fines as part of these orders.

Special Considerations

Small Business Employers: The right to disconnect will apply to employees of small businesses (less than 15 employees) starting in 26th August 2025.
Modern Awards and Enterprise Agreements: The Fair Work Commission will add terms to all modern awards to reflect this right. If an enterprise agreement has a better right to disconnect, it will still apply.

GETTING YOUR BUSINESS READY!

1. Review and Update Policies and Other Materials

Review and update your internal policies, procedures, employment contracts, and employee handbooks to align with the new rules. Clearly explain the policy on out-of-work contact and employees’ rights. Make sure contracts clarify expectations and compensation for after-hours work.

2. Educate Managers and Employees

Communicate and educate your team about the “Right to Disconnect” legislation. Train managers on the changes, key points, and expected behaviors. Use real-life examples to show practical application. Hold drop-in sessions after the changes take effect to boost confidence. Clearly inform employees about their rights, boundaries, and what to do if they need help.

3. Establish Clear Communication Protocols

Create guidelines that fit your business’s needs and operations. Define when after-hours contact is appropriate and work with managers to distinguish between urgent and non-urgent communication. This will help protect employees’ personal time.

4. Implement Reporting Mechanisms

Set up and promote ways for employees to report breaches. Make sure these channels are easy to access and confidential. Established businesses can use existing grievance policy procedures.

Need Help?

Navigating these changes can be tricky. If you need help figuring out what to do next, Human Power is here to assist. Our team can support you to ensure your business stays compliant and your team remains happy and productive amid the new changes.

For more information on the right to disconnect, visit the Fair Work Ombudsman’s website or contact us at Human Power to discuss how we can support your business.

Feel free to reach out to us for personalised advice and support. Together, we can create a balanced and productive work environment that respects the boundaries of your employees.

Questions for the group!

How do you currently manage after-hours contact with your employees? Are there any existing policies in place that need updating to reflect the new changes?
Do you work in a industry that requires out-of-hours contact, if so, how do you think you'll address this?
Do your current employment agreements cover out of hours contact?

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