The Right to Disconnect legislation will come into effect on 26 August 2024 for most businesses. However, small businesses with fewer than 15 employees will see this legislation apply from 26 August 2025. This new regulation introduces significant changes to how after-hours work communication is handled, impacting both employees and employers.

The Right to Disconnect legislation grants employees the right to ignore unreasonable contact outside of work hours. Importantly, the legislation does not prohibit all after-hours communication but rather sets a framework for what constitutes unreasonable contact. This framework emphasises reasonableness, which is not explicitly defined but is guided by general principles.

Defining Reasonableness

The term “reasonableness” lacks a precise definition and can vary depending on several factors, including:

• Reason for contact
• Employee Compensation: is the employee on call/being paid overtime or does their contract have a provision for reasonable overtime?
• Role and Responsibility: The expectations for an IT Manager facing a security breach will differ from those for a receptionist.
• Industry Norms: What is deemed reasonable in an accounting firm may differ from a construction site or retail store.
• Personal Circumstances: Employees’ family and caring responsibilities must be considered.

Definitions and considerations are being added to Awards to provide industry-specific guidance. As issues arise and case law evolves, these definitions may be updated.

Implementing Workplace Policies

It is essential to have a clear policy on after-hours contact. Some considerations could include:

• Communication Rules: Establish guidelines such as “emails can be addressed the following workday, but urgent calls or texts are more critical.”
• Managerial Practices: Managers should review and adjust their communication habits to align with the new legislation. Avoid contacting team members outside regular hours unless absolutely necessary.

Your staff should understand that the legislation aims to separate reasonable from unreasonable after-hours contact, it does not state that there can’t be ANY after-hours contact.

Below are some questions you may wish to consider when designing your workplace policy.

• Do you have an underpinning Award?
• What are your normal business hours and what is the likelihood you need to contact staff outside of these?
• Do you have busy periods?
• What are the contract arrangements for clients/staff in different time zones?
• Do your Managers/Senior Team/Leaders have less right to disconnect based on their role?
• Will it differ between departments?
• Setting expectations
• What messaging should go to staff?
• What is your complaints process?
• What will you do if you receive lots of “refusals”
• How do your employment contracts account for this?

The Right to Disconnect legislation brings a new dimension to workplace communication norms. By proactively addressing these considerations and implementing clear policies, organisations can navigate these changes effectively, ensuring a balanced approach to after-hours contact that respects both business needs and employee rights.

As always, you can contact us with any concerns or questions about the legislation.