The Right to Disconnect: Prioritising Workplace Well-Being in Australia

Exacerbated by lockdowns, we've blurred the lines between work and personal life, we have emails on our phones, and we're always contactable. However, protecting the well-being of employees has become a key concern for organisations and governments alike. The "right to disconnect" is emerging as a significant step towards a healthier work environment. In Australia, the implementation of this law could have a transformative effect on workplace well-being, recognising the importance of rest, recovery, and mental health in maintaining a sustainable workforce.

• Most Australian employees will have the right to refuse to monitor, read or respond to work-related contact from August 26, 2024, thanks to the new ‘right to disconnect’ law in the Fair Work Act.

• Employees of small businesses won’t have that right until August 26, 2025.

Key facts

• 87% of office workers say they’ve been contacted outside of working hours, according to a survey by Robert Half.

• 5.4 hours: That’s how many hours Australian employees, on average, worked overtime in 2023.

• 60% of Australians experience exhaustion and anxiety due to their workload.

• 78% of employees are more likely to work for a company with a clear right-to-disconnect policy, according to recruitment firm, people2people.

• France was the first country to introduce right-to-disconnect laws in 2017.

The Right to Disconnect: What It Means for Workplace Well-Being

At its core, the right to disconnect gives employees the ability to disengage from work-related communications outside of their regular working hours without fear of reprisal. This legal protection helps preserve personal time, allowing workers to recharge mentally and physically. So whilst you may have been implementing your own boundaries for sometime, switching the work phone off, not opening the work laptop on weekends or after hours, you're now supported by legislation.

Workplace well-being extends beyond physical safety; it encompasses mental, emotional, and social aspects that contribute to an employee’s overall quality of life. For years, the rise of digital technologies has eroded the clear boundaries between work and home, often leading to an "always-on" culture where employees feel pressured to be available at all times. This relentless connection to work can result in burnout, stress, and poor mental health, which can have long-term implications for both individuals and organisations.

The Fair Work Commission has been exploring the inclusion of this right in workplace agreements, aiming to improve the mental and emotional health of workers across various industries. Once the right to disconnect is formalised, employers will be required to establish clear boundaries around out-of-hours communication and ensure that employees are not expected to be on call unless explicitly agreed upon.

Workplace Well-Being Impacts of the Right to Disconnect

1. Mental Health and Stress Reduction: The constant connectivity of the modern workplace is a significant source of stress for many employees. Having the legal right to disconnect allows workers to break from the demands of their job, reduce the mental load, and prevent burnout. By protecting employees' time off, this law promotes healthier mental states, encouraging recovery from the strains of the workday. This is trying to prevent reading those emails at night, feeling stressed, anxiety or overwhelmed all night which goes on to impact your sleep.

2. Encouraging a Culture of Rest: Well-being in the workplace isn't just about what happens during work hours; it’s also about supporting employees in their ability to rest and recuperate. Encouraging breaks from work communication fosters a culture where rest is valued, not just as a personal benefit, but as a strategic business approach that recognises the link between rest and productivity.

3. Greater Work-Life Balance: The right to disconnect reinforces the balance between work and personal life, which is crucial for overall well-being. Employees who can confidently step away from their work devices at the end of the day without worrying about missing important messages or tasks are more likely to feel fulfilled in their personal lives. This balance is a critical component of sustained job satisfaction and prevents longer-term mental health issues like anxiety and depression.

4. Protection Against Exploitation: When workers are expected to respond to communications outside of working hours without proper compensation, it leads to unfair work practices. The right to disconnect ensures that workers are not exploited for unpaid overtime, preserving their well-being by ensuring they are only working during agreed-upon hours.

The Challenges of Implementing the Right to Disconnect with Well-Being in Mind

While the right to disconnect offers significant benefits for workplace well-being, its implementation presents some challenges:

• Maintaining Flexibility: Some employees thrive in environments where flexible work hours are the norm. A strict application of the right to disconnect could potentially hinder those who prefer to work outside traditional hours. It will be crucial for organisations to balance well-being with flexibility, providing options for employees who need non-standard work schedules while maintaining protections for those who prefer set boundaries.

• Industry-Specific Needs: Certain industries, such as healthcare or emergency services, require on-call workers. Implementing the right to disconnect across diverse sectors will require customisation to ensure that essential services remain uninterrupted without compromising the well-being of staff.

• Changing Workplace Cultures: Shifting towards a well-being-centric culture requires buy-in from all levels of an organisation. Managers and leaders will need to champion the importance of disconnecting and ensure that workers feel comfortable exercising this right without fear of repercussions. This cultural shift may take time and effort but will ultimately result in a more supportive work environment.

How Employers Can Support Workplace Well-Being Through the Right to Disconnect

Employers play a crucial role in fostering workplace well-being. As Australia prepares to implement the right to disconnect, organisations can take proactive steps to support their employees:

1. Develop Clear Policies: Establish clear guidelines on after-hours communication, detailing when employees are expected to respond and when they are free to disconnect. These policies should also outline the exceptions to the rule, such as emergencies or critical business needs, so that expectations are well-defined.

2. Foster a Supportive Culture: Management should model the behaviour they expect from their teams. This means respecting after-hours boundaries, encouraging time off, and actively promoting well-being initiatives that prioritise rest and recovery.

3. Offer Mental Health Resources: Ensuring that employees have access to mental health support, such as counselling services or stress management programs, can further reinforce the benefits of the right to disconnect. Employers should also consider training managers to recognise signs of burnout and offer support when needed.

4. Utilise Technology Wisely: Implementing tools such as delayed email sends or status updates that show when an employee is offline can help to manage expectations and reduce pressure. Organisations should harness technology in ways that promote well-being, rather than exacerbating the issue of constant connectivity.

Interested in how we can help you address workplace wellbeing issues or develop bespoke programs for your team? Contact us today.