The Right to Disconnect: Your quick guide

It's official - the Right to Disconnect comes into effect from 26 August 2024. The Right to Disconnect aims to create a healthier work-life balance for employees by giving them the right to switch off outside of designated working hours.

In reality, we don’t foresee this being a big shift for any of our clients and how many are already managing their teams. But to keep you in the loop, we've put together a quick explainer on what the new legislation is all about.

What you need to know:

• The right to disconnect: Employees will have the right to reasonably refuse work-related communication (emails, calls, messages) outside of their regular working hours. This means they can choose not to monitor, read, or respond unless the situation is urgent.
• What it’s not: This legislation doesn’t prohibit an employer (or third party) from contacting their employee, it just allows for a refusal to respond to that contact when reasonable.
• But what's reasonable? Several factors determine if a refusal is reasonable, including the urgency of the contact, its impact on the employee, its impact on the business and the nature of their role.
• The legislation considers business needs like customer service and deadlines, recognising that employees can't always disconnect, especially for critical situations.
• Timeline: The Right to Disconnect applies to businesses with:
  • 15+ employees: Starting 26 August 2024
  • Fewer than 15 employees: Starting 26 August 2025.
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What you can do (and what we can help with!):

Here's what our team recommends:

• Review contracts and position descriptions: Update these documents to reflect potential out-of-hours contact expectations for specific roles.
• Develop a right to disconnect policy: This policy will provide clear guidelines for employees and managers regarding communication outside of work hours.
• Dispute resolution: The Fair Work Commission can help mediate any disputes arising from the Right to Disconnect. We can also provide guidance before it gets to that point.
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Any questions?

At Davy Partners, we can help ensure a smooth transition for your business. Contact our team of resourceful humans if you would like to discuss your specific needs.

We're here to help you create a balanced and productive work environment for both your employees and your business.