In an increasingly connected world, the lines between work and personal time are often blurred, leaving many workers feeling always "on call."

Recognising this, Australia has taken a significant step by introducing the "Right to Disconnect" laws. As of 26 August 2024, large businesses have been required to observe this legislation, and from 26 August 2025, it will extend to small businesses with less than 15 employees.

What is the Right to Disconnect?

The Right to Disconnect allows employees to refuse work-related communications such as monitoring, reading or responding to contact (or attempted contact) outside of their regular working hours, unless doing so is unreasonable. This legislative change aims to foster a healthier work-life balance, protecting employees from burnout while maintaining their right to personal time.

I have been reading a lot of articles about the Right to Disconnect. One person who is an employee was very upset about the new legislation stating that she had contacted her employer to say that she rejected this new legislation and wanted to be contacted outside of hours.

Others have welcomed it.

I believe that it’s good for everyone involved.

As an employer, you can still contact an employee out of hours, it’s just that they have the right to not respond. For example, if you need to contact an employee to tell them that the work location has changed (e.g. a Trades business that works at many different sites) that’s fine. But setting some guidelines could also be helpful. For example, you may ask your employees to send a quick acknowledgement back to you – a quick “OK” response or a friendly emoji.

Also, if you have an employee that is paid above Award and their contract states that they are compensated for out of hours contact, you have clear guidelines.

Key Differences for Large and Small Businesses

For larger businesses, the Right to Disconnect has already been in place since August 2024. These organisations have had to adapt by establishing clear guidelines and procedures to separate work from personal time.

For small businesses, which often operate with fewer resources, the legislation presents unique challenges, including the potential for increased administrative burdens. However, the law also offers an opportunity to improve workplace culture by respecting employees' personal time and ultimately enhancing productivity.

The Impact on Small Businesses

The introduction of this legislation for small businesses is anticipated to have varied effects. Small businesses may find it challenging to balance flexibility and the need for occasional urgent communication outside hours. However, studies suggest that respecting employees' personal time can lead to increased satisfaction and productivity. The benefits of enhanced employee engagement and loyalty could outweigh any difficulties. And, remember, it’s about the employee’s right to not answer.

Implementing the Right to Disconnect

Small businesses can take several steps to ensure smooth implementation of this law:

1. Develop Internal Guidelines: Clearly outline scenarios where out-of-hours communication might occur and how it should be handled.

2. Training and Awareness: Ensure all employees understand their rights and responsibilities regarding out-of-hours contact.

3. Review Employment Contracts: Update contracts to reflect the new expectations and responsibilities.

4. Technology Adjustments: Use technology to manage communication, such as delaying email delivery to work hours.

Conclusion

Embracing the Right to Disconnect offers small businesses an opportunity to refine their operations and improve their workplace culture. While challenges are inevitable, the potential for increased productivity, satisfaction, and a healthier work-life balance makes this transition worthwhile. For small businesses in particular, successfully implementing these changes could lead to a more loyal, motivated, and efficient workforce.