Know your rights: What the 'Right to Disconnect' means for you

Our mobile phones are rarely far from hand, so answering work messages, calls or emails can easily become a habit ­­­­­­– one that’s not particularly healthy. The new law means you can ignore communication after work hours, unless doing so is unreasonable, without being penalised. What does this mean for you in practice? We’ve asked an employment lawyer for guidance.

How does the right to disconnect apply to you?

The new law gives employees the right to reasonably refuse contact from their employer or a third party, such as a client, customer or supplier, outside their normal working hours. This means you can choose not to check or respond to work emails or messages, or to pick up work calls.

“The right to disconnect law is trying to ensure that employees are able to switch off, and it comes in response to the increased connectivity that came with work-from-home arrangements necessitated by COVID restrictions,” says Andrew Jewell, principal at Jewell Hancock Employment Lawyers.

What constitutes an ‘unreasonable’ refusal of contact?

This is where the legislation is short on detail, as it’s unclear what would be an ‘unreasonable’ refusal.

“‘Unreasonable’ is not defined and will be reliant on the facts of the individual circumstances, but it might include genuine work demands,” says Jewell.

“For example, if a lawyer is working before a trial or an accountant is working at tax time, or if there are other staffing issues, such as an increased absence amongst colleagues due to illness.”

Can your boss still contact you after hours?

While the right to disconnect law does not prohibit your employer from contacting you outside of regular work hours, Jewell says they can’t penalise you if your exercise your right to ignore the communication.

“Employees have always been able to make a complaint about excessive working hours, however, they will now feel more able to enforce their right to their private time,” says Jewell.

There may be special circumstances where you’d be expected to respond to work communication after hours, and you can ask your employer about this. For example, if your work as a technical engineer and your workplace experiences a critical IT outage in the evening, your boss might expect to you respond to contact outside of your normal working hours.

What if you’re penalised for disconnecting?

If you feel that you are being penalised for exercising your right to disconnect, the legislation states that any dispute should first be dealt with “at the workplace level by discussions” between workers and their employer. If that’s unsuccessful, you can contact the Fair Work Commission.

“There is a new jurisdiction of the Fair Work Commission, which will deal with disputes regarding the right to disconnect, and terms regarding the right are being included in modern awards, which will allow employees to bring disputes to the Federal Courts,” says Jewell.

Are there any exceptions to keep in mind?

The law now applies to businesses with more than 15 employees. If you work for a smaller business, you’ll have the same right to disconnect from 22 August 2025. But Jewell says some smaller businesses may already choose to comply.

“The main exception is for small businesses, which won’t have to consider the right to disconnect at this stage, however they may wish to follow the spirit of the law, given employees will have an increased expectation of their right to disconnect,” he says.

Where can you go for help?

Jewell says that while there are no formal guidelines that you need to adhere to, the Fair Work Ombudsman and the Fair Work Commission provide advice to help employees and employers to comply.

The right to disconnect law can help you to achieve a better balance by setting boundaries between your work and your personal life. If you choose to exercise your right, your boss cannot penalise you, and the Fair Work Commission can step in if there is a dispute. So now, when you clock off, you can officially switch off.

This article was originally published at Seek.com.au.