Balancing Work and Life: Adapting to the Right to Disconnect

From 26 August 2024, the “Right to Disconnect” legislation introduces a significant change in employment law to ensure employees can disconnect from work-related contact outside their working hours. This change affects businesses of all sizes, particularly small businesses that must adapt to the new requirements to avoid penalties and maintain compliance.

What is the “Right to Disconnect”?

The “Right to Disconnect” allows employees to refuse work-related communication outside their designated working hours unless it’s unreasonable for them to do so. This means employees are not obligated to respond to emails, calls, or messages after hours, except in specific circumstances such as emergencies, stand-by duties, or on-call allowances.

Exceptions to the Rule

While the legislation provides employees with the right to disconnect, there are exceptions:

• If an employee receives a stand-by or on-call allowance.
• When notifying an employee of required work or job offers under usual arrangements.
• In the case of an emergency roster change.
• When recalling an employee to work as required under an industrial instrument.

Practical Advice for Small Businesses Across Various Industries

1. Establish a Clear Policy Small businesses must establish and communicate a clear policy regarding out-of-hours contact. This policy should be easily accessible and straightforward, outlining when employees can be contacted after hours and under what circumstances.
2. Set Expectations for Different Roles Different roles may require varying levels of after-hours availability. For instance, senior managers or roles that involve critical decision-making may need to be available more frequently outside regular hours. Small businesses should set and communicate these expectations clearly in employment contracts or workplace policies.
3. Review and Update Contracts: Review existing employment contracts to ensure they align with the new legislation. Contracts should detail any expectations around out-of-hours work, including when an employee might be required to respond to work-related communication. This is particularly important for industries where out-of-hours work is common, such as healthcare, emergency services, and IT support.
4. Educate Your Team Education is key to smooth implementation. Employees and managers should be educated about the new right and the business’s policy regarding out-of-hours communication. Regular training sessions can help clarify any confusion and ensure everyone understands their rights and responsibilities.
5. Seek Expert Legal Advice Given the complexities of employment law, small businesses should seek advice from employment law experts to ensure full compliance. This is particularly important for businesses in construction, hospitality, and retail industries, where after-hours work is often necessary.

Why Compliance Matters

Failure to comply with the “Right to Disconnect” legislation can lead to penalties, fines, or legal action. For small businesses, this could mean financial strain and reputational damage. Therefore, taking proactive steps to align with the new law is essential.

While the “Right to Disconnect” legislation is a positive step toward improving work-life balance, it presents challenges for small businesses. Small businesses can navigate these changes effectively by establishing clear policies, setting appropriate expectations, reviewing contracts, educating employees, seeking legal advice, ensuring compliance and maintaining a healthy work environment.

For more detailed guidance and expert advice on adapting to the new legislation, visit the Fair Work Ombudsman or contact us.