Starting 26 August 2024, employees covered by the Fair Work Act 2009 (Cth) (Fair Work Act) (except small businesses with fewer than 15 employees) will have the right to disconnect from work-related communications outside of their working hours.
What should employers do to prepare for the new right to disconnect?
We are regularly being asked to provide training and advice to employers about how to prepare their workplaces for the incoming right to disconnect.
Our recommended action plan contains the following steps:
1) Assess existing working arrangements in the workplace
2) Review pay and resourcing for high-risk groups identified in your workplace assessment
3) Identify whether changes are required to employment contracts or policies
4) Educate management
5) Communicate with employees
6) Develop a feedback mechanism.
What is the right to disconnect?
Employees will have a legal right under the Fair Work Act to refuse to monitor, read or respond to contact or attempted contact from their employer or third parties, where it occurs outside of their working hours, unless the refusal is unreasonable.
The scope of this right will apply to calls, emails, texts, Microsoft Teams messages and any other contact by an employer or third party after hours that is not reasonable.
The right does not make contact after hours from employers or third parties unlawful, but it does allow employees to ignore that contact, unless to do so would be unreasonable.
The Fair Work Act contains a list of factors that must be considered when determining whether an employee's refusal is unreasonable.
Protection against adverse action
Employers are also prohibited from taking adverse action against an employee who is exercising their right not to respond to communications from their employer or a third party outside of their ordinary working hours.
Contact us
For more information, get in touch with Lander & Rogers' Workplace Relations & Safety team.
Additional resources
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