The Right to Disconnect Bill – What does this mean for your Business?

The Right to Disconnect Bill which was passed last week will come into effect in the coming months once Royal Assent has been received. It’s important to note that small businesses (less than 15 employees) will have  further 12 months to implement.  This means that employees will be able to ignore calls, emails or messages from their bosses after work hours, where reasonable, without the fear of disciplinary action. The right to disconnect also extends to ignoring messages from third parties, such as customers, clients and suppliers etc.

There is no general prohibition on employers contacting employees after hours, however the employer’s reasons for contact needs to be reasonable. Employees and employers are encouraged to discuss and sort out any issues prior to making contact with Fair Work.  If that fails, employees will be able to seek specific orders to stop a boss forcing them to monitor messages or from punishing them for ignoring them. Penalties for a breach could be as much as $18,000.

Employees exempt from this rule could include senior employees or those who are paid to work extra hours or remain available as part of their employment agreement. But even this can be problematic if the senior or high earning employee has personal circumstances, including family responsibilities that mean they reasonably should not be contactable. Of course, contacting employees paid at the rates under Modern Award could be risky business.

So what should employers now consider?

• prepare policies around the use of work technology outside of agreed working hours;

• monitor employees' work activity outside of agreed working hours;

• provide training for managers focusing on

  • respecting employees’ boundaries

  • understanding the mental health benefits from disconnecting from work

  • ensuring they when employees don’t answer or respond to contact after hours, they are exercising their new right and should not be disciplined;

• Ensure common law contracts for professionals with high salaries have clauses advising whether contact after hours is justifiable.