Right to Disconnect
As you may have heard, Australian law requires employers to ensure that all employees can disconnect from work outside of their normal working hours. It’s a step forward in supporting a healthier work-life balance and helping everyone stay productive and mentally well. For small businesses, your deadline is looming (26th August 2025) to ensure you comply. All other businesses if you do not have a policy or process in place, it's not too late. In this blog, we will walk you through the steps to develop a policy and implement an approach that aligns with both the Fair Work Act and the evolving expectations of your employees.
In this blog, we will walk you through the steps to develop a policy and implement an approach that aligns with both the Fair Work Act and the evolving expectations of your employees.
Understanding the Right to Disconnect: What It Means for Your Business
The Right to Disconnect gives employees the ability to refuse to monitor or respond to work-related communication outside their normal working hours, unless it’s deemed unreasonable not to respond. This means that after hours, employees are not expected to be "on call" unless certain conditions are met, such as emergency situations or pre-agreed on-call availability.
For your business, it’s essential to understand that while you can still contact employees outside of their working hours in specific circumstances, you need to ensure that this practice is reasonable, minimal, and justifiable.
Step 1: Review Your Existing Communication Practices
Before rolling out any changes, review how your business currently communicates with employees outside of normal working hours. This includes:
Emails: Are you sending emails at night or over the weekend?
Meetings: Are there recurring meetings scheduled outside of working hours?
Urgency: Are employees regularly asked to handle urgent tasks after hours?
Once you’ve identified the frequency and type of after-hours communication, consider if these practices are essential or if there’s room for adjustment. Remember, the goal here is to minimize the pressure on employees to respond outside of their normal work times.
Tip: If as an Employer or Manager you often send emails after hours but have no expectation for a response, perhaps consider delaying send - which is an option in most email systems or be very clear with your position on this.
"Hi Team, I often send emails outside of hours for my convenience, there is no obligation or expectation for you to respond until you are back at work tomorrow."
Step 2: Create Your Right to Disconnect Policy
A well-defined policy helps provide clarity and expectations for both employees and management. Here’s how to develop one:
Policy Overview:
Clearly define what the Right to Disconnect is, including the types of communication covered (emails, calls, messages, etc.).
State that employees are not expected to monitor or respond to communications outside of their agreed working hours, unless certain reasonable conditions apply (e.g., emergency situations, on-call duties, or welfare checks).
Employee Rights & Employer Responsibilities:
Highlight employee rights to refuse after-hours work-related contact.
Outline the employer's responsibility to ensure communication practices are respectful of employees’ time off and that after-hours requests are kept to a minimum.
Communication Expectations:
Define when it’s acceptable to contact employees outside of working hours and what channels are appropriate.
Emphasize that employees are not expected to respond until the next working day unless pre-agreed upon or in urgent situations.
Reasonable Refusals:
Provide examples of when refusing after-hours contact would be unreasonable, such as in emergency situations or when an employee has agreed to be on-call.
Explain that some roles may require availability outside normal working hours due to the nature of the work.
Handling Disputes:
Include a process for addressing issues related to the right to disconnect, including how employees should report concerns and how management will handle them.
For more information go to https://www.fairwork.gov.au/employment-conditions/hours-of-work-breaks-and-rosters/right-to-disconnect#right-to-disconnect
Step 3: Engage and Train Employees
Once the policy is drafted, engage with your employees to ensure they understand the changes and their rights. This can be done through:
Team meetings: where you explain the policy, its importance, and how it applies to everyone. Involve the team in a brainstorm about what is acceptable or okay in your business.
One-on-One Discussions: For employees in roles where after-hours work is common, have discussions to address specific expectations and any concerns they may have.
Make sure that employees are aware they have the right to disconnect, and that they are encouraged to speak with their manager if they feel pressured to respond outside of normal hours.
Step 4: Update Job Descriptions and Employment Contracts
Review and update any job descriptions and contracts where roles require after-hours availability. Be clear about:
On-Call Requirements: If certain roles need to be on-call, this must be clearly stated in the job description and employment contract.
Expectations for Availability: Set clear boundaries regarding availability outside working hours to avoid misunderstandings.
Step 5: Implement Tools to Support Work-Life Balance
Encourage employees to disconnect by implementing the following:
Out-of-Office Messages: Encourage employees to use out-of-office email responses to indicate when they are unavailable and when they will be able to respond.
Technology Tools: Consider using scheduling tools that prevent employees from receiving notifications outside of working hours or use tools like Slack’s “Do Not Disturb” feature to manage communication.
Delay send emails: For those who choose to catch up on work outside of hours, encourage them to delay sending responses or messages until ordinary working hours.
Step 6: Monitor and Address Concerns
Once the policy is in place, it’s important to regularly check in with employees to see if the policy is working effectively:
Survey Employees: After a few months, gather feedback from employees to understand how the policy is impacting them and whether they feel they have the right to disconnect.
Address Workload Issues: If there are still concerns about workloads and employees feeling pressured outside of working hours, have open discussions.
Hold a workshop: to brainstorm continued challenges and encourage employees to share ideas for change or adjustment.
Step 7: Compliance and Consequences for Non-Compliance
Ensure that all managers are fully aware of the policy and adhere to it. If managers or team members disregard the right to disconnect, this should be addressed promptly:
Education and Reminders: Sometimes, breaches happen due to lack of awareness. Regularly remind your team of the policy.
Enforce Fairly: If any issues occur, handle consistently, as non-compliance could lead to penalties.
Final Thoughts
The Right to Disconnect is designed to encourage a healthy work environment where employees can recharge outside of work and focus on their wellbeing. By taking proactive steps to implement a robust policy, businesses not only comply with the law but also improve overall morale and productivity.
This is an opportunity to demonstrate leadership in creating a balanced, respectful workplace culture where employees can disconnect and return to work feeling refreshed and engaged. As Leaders and Business owners – don’t forget you need to disconnect too!
If you’d like further guidance on implementing the Right to Disconnect policy or have any specific concerns, feel free to reach out.