Right to Disconnect: What you need to know
By Evelyn Jackson (CEO)
The new Right to Disconnect legislation became effective in Australia on 26th August 2024. Like with any new legislation, it’s sometimes hard to grasp what this means for your organisation. We’ve put together a short guide on this new legislation, what it means for you, what actions you need to take and where to go if you need help.
In a nutshell, Right to Disconnect will impact every Australian business
Our mobile phones make us contactable and connected 24/7. This, paired with a growing remote workforce with flexible working structures and an ‘always on’ mindset that has intensified due to COVID, has blurred the lines between work and personal time.
The Australian Senate recognised this changing work culture, and the Right to Disconnect Bill was passed in February 2024.
What does the Right to Disconnect Bill actually mean?
This Bill means that employees can ignore after-hour communications (e.g., emails, calls, texts) from their employer and/or third parties related to work (like clients or suppliers). Employees can ignore these work communications without fear of retribution from their employer. And further, the employer could be fined up to AU$18,000 if an employee successfully raises concerns about after-hours contact.
We all know that people with a healthy work-life balance tend to be more productive and less at risk of burn-out. This new Bill is a way to protect employees from those blurred work hours encroaching on R&R time, and a way for employers to prioritise the mental health and wellbeing of their employees.
It is important to point out that the Right to Disconnect doesn’t mean ALL contact is unreasonable. An employer may contact an employee depending on specific circumstances of the working relationship.
These factors include (but are not limited to):
The reason behind the contact (a good example of this is an emergency situation)
The mode of contact used and how much that impacts the employee’s personal life
If the employee is being compensated for out-of-hours contact
The scope and level of responsibility of the employee’s role
When does this Bill come into action?
This piece of legislation was effective from 26th August 2024 - but only for some businesses. Here’s how to figure out when your organisation needs to apply this legislation:
All non-small business employers must implement the Right to Disconnect from 26th August 2024:
Non-small business employers are defined by the Fair Work Ombudsman as “an employer with 15 or more employees at a particular time. When counting the number of employees, employees of associated entities of the employer are included.”
Small business employers must implement the Right to Disconnect from 26th August 2025:
Small business employers are defined as “an employer with fewer than 15 employees at a particular time. If an employer has 15 or more employees at a particular time, they are no longer a small business employer. When counting the number of employees, employees of associated entities of the employer are included.”
How do I ensure my business is compliant with the Right to Disconnect Bill?
There are a few steps you can take to prepare your business:
Review your employment contracts with an expert to better understand what out-of-hours obligations employees might have. Don’t forget to review the working structure of your workforce - how many employees work in different time zones, are part-time etc.?
Consider (and seek advice) on the types of out-of-hours contact that might be appropriate based on your industry, the nature of work carried out and level of remuneration and seniority. Once outlined and researched, create a document that outlines all of this as a company guideline and reference in the relevant formal policies. This will then ensure everyone understands their obligations and remains compliant.
Communicate openly and honestly with your employees on the Bill and what it means for them. By being transparent and front-footing the conversation about Right to Disconnect, your employees will feel trusted and valued.
Support your managers and senior leaders with what ‘good’ looks like. Changing communication habits of a lifetime is hard! Run workshops with the individuals in your business who are people managers. These sessions will let them voice any concerns they have or challenges they might face in adhering to the new Bill.
Review your company policies and employee handbook. Update relevant policies with clear, concise information about the Bill, and don’t forget to add information about what employees can do if they feel there has been a breach of Right to Disconnect Bill.
Harness the power of technology. Communications platforms like Teams and Slack let you customise the status of employees. Little steps like using these status icons to signify when someone is working, what time zone they are in and what days they work could really help you stay compliant. Utilise email signatures to communicate similar information, and run workshops or online training to teach your team how to schedule emails and other relevant communications.
Final thoughts
Like with any new legislation, there will be nuances and the Right to Disconnect is no different. Take the time to sit down with stakeholders to understand what this Bill means for your organisation - and how quickly you need to respond based on the deadline that is appropriate to you.
Effective communication, training and policies/guidelines are critical when rolling out changes like this. Understanding, and preparing, a communications plan like this can be overwhelming!
How Corporate Crayon Can Help
At Corporate Crayon, we work with organisations every day to deliver communications strategies and content that meaningfully connects with employees. With industry-wide knowledge and a flexible approach, we can support you at any stage of your journey.
To find out more about our employee communications solutions and how we can help, get in touch with us today.