How to support an employee’s right to disconnect from work

Recently, the Fair Work Commission announced changes to modern awards to give employees the right to disconnect from work outside of their usual work hours. 

The new legislation is a response to growing concerns about work-related mental health issues, particularly those linked to stress and overwork. The Government also found that some employees were driven to exhaustion due to an expectation of being accessible outside of work hours.

Key points

• Changes to the Fair Work Act 2009 will create a formal workplace right that allows employees to disconnect from work outside of their usual work hours.
• These changes will occur from August 26 2024 for non-small business employers and August 26 2025 for small business employers
• Workers will legally have the right to switch off after hours and choose not to engage with work communications, and as a result, also avoid being reprimanded for the choice

Although the new legislation will not prevent employees from working additional hours at home or in the office, it ensures they have the right to disconnect from what would be deemed “unreasonable contact” outside of their designated working hours. 

Professor Emmanual Josserand, Director of the Business Insights Institute at UNSW Business School, said this is a positive step toward improving how employees manage their stress.

“The recent Safe Work Australia report on ‘psychological health and safety in the workplace’ indicates a significant rise in work-related mental health problems, especially amongst women, leading to more time loss and compensation for injuries and illnesses,” Professor  Josserand said.

“Research suggests that maintaining healthy boundaries between work and personal life is crucial for managing stress. Out-of-hours contact can disrupt much-needed rest and recovery time, potentially exacerbating existing stress.”  

Of course, there are factors to consider when determining whether contact outside of working hours is reasonable. In a fast-paced environment such as aged care where emergencies occur – such as employee sickness – there are instances when it is necessary.

Considerations include: 

• The nature and urgency of the reason for contact
• The method of contact; a phone call would likely be considered more disruptive than an email
• Whether the employee is compensated for working outside of their ordinary hours
• The level of the employee’s responsibility within the organisation
• The employee’s personal circumstances

Professor Josserand highlighted the example of an urgent after-hours email where it would be reasonable to expect a high-level manager to respond rather than an entry-level administration worker who does not have the same decision-making powers.

Australia is not alone in adopting these measures with several European countries already doing so. Closer to home, Professor Josserand said the legislation will provide benefits for workers, but he acknowledged that employers may face some challenges.

“While some people have thrived under flexible work arrangements, others have had difficulties adjusting. In the same vein, some organisations have adapted quickly to this transformation, while others are still figuring things out and need clearer policies. The new legislation will create an opportunity for more dialogue on the matter,” he said.

“Some businesses have raised concern that it could hinder productivity and communication, particularly in fast-paced or client-facing environments. However, the legislation does allow for some exemptions for urgent matters.”

“The key is establishing clear guidelines and expectations around after-hours communication within organisations.”  

He reiterated that the key point is understanding who the legislation is most likely to affect, such as employees with fewer responsibilities. Therefore, if there is no business-related necessity for contact or compensation for work performed outside of ordinary hours, the best option would be to wait until the next day or their next shift.

Not only would this promote employee wellbeing and healthy work boundaries, but it will maintain a sustainable work environment.