Do Not Disturb: The Era of Disconnecting Begins

August 25, 2024
Jo Vohland

Featured

It has received a lot of attention since the law was introduced to parliament, but what does new the “Right to Disconnect ” mean for workplaces, and what does it mean for TA?

Simply put, it is the right of an employee to refuse to monitor, read, or respond to contact, or attempted contact, outside of the employee’s working hours. This includes third parties such as clients and customers. It is part of the “closing loopholes memorandum reforms” which were released with a focus on employment law. It comes into effect on 26 August 2024 (with a 12-month delay for some small business). The proposed law doesn’t mean that an employer cannot contact an employee; it’s that the employee is now empowered to refuse this contact by choosing not to read or respond to messages and calls, unless that refusal is unreasonable.

As this new law is subjective, how it will actually play out in the workforce might change week-to-week. Factors to consider could include:

what the purpose is for the call/message?
what disruption it might cause the employee?
what is the nature and level of the employee’s responsibility?
what are the employee’s personal circumstances?
Compensation, role and responsibility and ‘reasonable additional hours’?
Does the role legitimately have operational needs after work hours however?

The right to disconnect will require careful management from HR, Legal and Leaders. The boundaries not yet clear until scenarios are tested but we’re getting a sense of purpose: To rebuild the boundary between someone’s personal time and work time.

To prepare for the right to disconnect laws in Australia, employers can take several key steps to ensure compliance while maintaining a positive workplace culture. Here’s a guide to help them get ready:

Understand the Legislation

Stay Informed: Ensure you are fully aware of the specific requirements and expectations set by the Right to Disconnect laws in Australia. This may include reviewing any updates from government sources, legal experts, or industry bodies.
Consult Legal Experts: Engage with legal counsel to interpret the laws and understand their implications for your business, ensuring compliance and avoiding potential penalties.

Build out Scenarios

IT Team: If there was an IT outage, what workers and contracts do you have and what access to out of hours contact apply?
Personal Assistant: A CEO’s flight is cancelled and need travel plans changed out of hours, is the PA’s salary and contract of the nature that allows out of hours contact and requests for work?
Recruiter: A Recruiter handles roles in multiple timezones. Is it reasonable on a consistent basis to ask them to attend meetings and perform interviews outside of the local timezone work hours?
Other: Build out as many as you and assess where you may not have coverage and what rostering, salaries or other elements need to change to ensure the business is covered.

Review and Update Policies

Revise Communication Policies: Update your workplace communication policies to clearly define the expectations for after-hours communication. Specify situations where contacting employees outside of working hours is acceptable and where it’s not.
Develop a Disconnect Policy: Create a specific Right to Disconnect policy that outlines employees’ rights to disengage from work communications outside of working hours. Ensure this policy is easily accessible to all employees.

Educate and Train Management

Training Programs: Conduct training sessions for managers and supervisors to ensure they understand the new laws and how to manage teams within these guidelines. Emphasise the importance of respecting employees’ right to disconnect.
Promote a Culture of Respect: Encourage managers to lead by example, respecting employees’ time and modeling appropriate boundaries between work and personal life.

Communicate with Employees

Inform Employees: Clearly communicate the right to disconnect policy to all employees. Ensure they understand their rights and how the policy will be implemented.
Provide Support: Offer resources such as Q&A sessions or an HR hotline to address any questions or concerns employees might have about the new laws and policies.

Implement Technology Solutions

Adjust Communication Tools: Configure work communication tools, such as email and messaging platforms, to limit notifications outside of working hours or to set automatic “out of office” responses after hours.
Monitor Compliance: Use tools to monitor compliance with the new policies and to ensure that after-hours communication is minimized or properly managed.

Evaluate and Adjust Workloads

Assess Workloads: Review employee workloads to ensure that tasks can realistically be completed during working hours. Avoid creating situations where employees feel pressured to work outside of their designated hours.
Flexible Working Arrangements: Consider offering flexible working arrangements that align with the Right to Disconnect principles, allowing employees to manage their work-life balance effectively.

Monitor and Adapt

Gather Feedback: Regularly solicit feedback from employees on how the Right to Disconnect policy is working in practice. Are there areas where it can be improved?
Adapt Policies as Needed: Be prepared to adjust policies and practices based on feedback and any changes in the legal landscape.

Promote a Healthy Work-Life Balance

Encourage Wellbeing: Support initiatives that promote a healthy work-life balance, such as wellness programs, mental health support, and regular breaks during work hours.
Celebrate Disconnecting: Normalise and celebrate the idea of disconnecting after work. Highlight success stories where employees have benefitted from maintaining clear boundaries between work and personal life.

By taking these steps, employers can not only comply with the Right to Disconnect laws but also foster a workplace environment that values and respects the personal time of their employees, leading to higher satisfaction and productivity whilst ensuring your business has the support it needs.

Want to read more about the changes? Find out more at the Fair Work Ombudsman