Employees Right to Disconnect

For businesses with over 15 employees (non-small businesses), the right to disconnect comes into effect on 26^th August (for small businesses this will be 26^th August 2025).  I did write a blog specially on this topic earlier in the year if you would like to have a look here.

Employees will have the enforceable right to refuse contact outside their designated working hours unless that refusal is unreasonable.  This means an employee can refuse to monitor, read or respond to contact from an employer or 3^rd party.

In determining whether an employees’ refusal is unreasonable the following is considered;

• Reason for contact
• Whether the employee is compensated or paid extra for;
  • being available to be contacted
  • working additional hours outside ordinary hours
  • nature of employees’ role & responsibilities
  • employees’ personal circumstances, including family or caring responsibilities
  • other matters can also be considered

It would therefore be wise to;

1. Consider out of hours contact that currently occurs or may occur and consider how it can be dealt with in the future.
2. Education for Managers on this right and to also consider the implications and how it can be managed now and in the future.
3. Consider any client / customer contact outside of hours and again consider how this can be dealt with in the future. Is the employee on-call or paid arrangements or is communication necessary to client / customers.
4. If availability / contact outside of hours is required, is it reflected in position descriptions, employment contracts, agreements and remuneration (if applicable).
5. How will reasonable after-hours contact be handled?
6. As always consult with your employees!

Employees should not be subject to any adverse action (including termination) for exercising or saying they will exercise their right to disconnect.

If we can assist with preparing for the Right to Disconnect, please contact us here.