What is the Right to Disconnect legislation exactly and how does it work?

The “Right to Disconnect” is an amendment to the Fair Work Act, focused on granting employees the right to refuse to respond, monitor or engage with any work-related communications from their employers or third parties outside their working hours. Read more on the Fair Work website here.

The employer may not instigate any negative consequences following such a refusal.

The stated purpose of the amendment is to further the work-life balance of employees by effectively limiting the excessive intrusion of work into personal time.

Things to remember:

For small businesses (those with less than 15 employees), the legislation will come into effect in August 2025. For larger organisations legislation set to be implemented in just a few months’ time.

• It is likely, the more you pay someone, the less right to disconnect.
• Employment policies is best practice to address the right to disconnect
• Casual conversion – inform the employee to make a conscious decision regarding casual conversion. Employer obligations includes detailed file notes, enhanced record keeping, signing a document to confirm their decision about not accepting casual conversion. Keep records of all.
• Have we reviewed and updated our workplace policies and procedures to ensure compliance with the right to disconnect legislation?
• Are employees provided with clear guidelines regarding their right to disconnect from work-related communications and tasks outside of their designated working hours?
• Do we have mechanisms in place to monitor and address instances of after-hours work expectations or excessive communication that may infringe upon employees’ right to disconnect?
• Have we provided training or education to managers and supervisors on respecting employees’ boundaries and promoting a healthy work-life balance?
• Are there any specific industries or roles within our organisation where continuous availability is essential, and how do we balance this with employees’ right to disconnect?

If your business requires support to effectively navigate the evolving Employee Relations landscape, our dedicated team of consultants and advisors would love to help. Call today on 1300 406 005 or email us at info@performhr.com.au.