Work-life balance is no longer just a perk, it’s the law. Here’s what Employers need to know to stay compliant and accommodate this update.
Shaun Stephenson – Commercial & Succession Planning
Associate Solicitor
Starting 26 August 2024, the right to disconnect will change the way businesses manage employee communication outside of work hours.
In today’s digital age with working from home becoming increasingly the norm, the line between work and personal life has become significantly more blurred. Employees are often answering emails or fielding calls long after their workday has ‘officially’ ended. This constant connectivity is now being reined in and businesses need to ensure they are on the front foot of this change.
In this article, we’ll break down the key aspects of the right to disconnect laws and offer practical tips for businesses to stay compliant and support their teams.
What is the Right to Disconnect?
This change in law means employees have the right to refuse to monitor, read or respond to any form of contact (or attempted contact) outside their working hours, which comes from an employer or a third party (such as a client, supplier, members of the public or staff from other businesses).
Employees can refuse this contact, unless that refusal is ‘unreasonable’.
When would it be unreasonable for an Employee to refuse contact?
In considering whether an employee’s refusal is unreasonable, the following factors are considered:
- What is the reason for the contact?
- How is the contact made and how disruptive is it for the employee?
- Is the employee being compensated or paid extra for being contact outside their normal working hours?
- The employee’s level of seniority within the business and their personal circumstances.
Practical Tips for Employer’s to ensure Compliance
All employers need to ensure they:
- Review all employee’s current work practices.
- Ensure employment contracts are compliant with this change.
- Review policies in relation to communications and use of technology outside of work hours.
- Ensure position descriptions are compliant with this change.
- Educate managers and employees of the change.
- Discuss and set expectations which suit the work place and each employee’s role.
To protect your business and keep up with the ever evolving employment law space, contact the Beck Legal team on 5445 3333.
This article is general in nature. The information is not and should not be considered legal advice to be relied upon.