The Right to Disconnect: What Employers Need to Know (and What They Can Do).

Is your workplace truly "switching off"?

With technology allowing employees to be connected 24/7, the line between work and personal time has become increasingly blurred. Emails arrive after hours, Teams notifications continue into the evening, and many employees feel pressure to respond—even when they’re not being paid to work.

Australia’s Right to Disconnect legislation is designed to address this challenge by giving employees the legal right to refuse to monitor, read or respond to work-related communications outside their working hours, provided their refusal is reasonable.

For employers, this isn’t about banning after-hours communication. It’s about creating healthy, sustainable workplace practices that balance operational needs with employee wellbeing.

What is the Right to Disconnect?

The Fair Work Act now provides eligible employees with the right to refuse work-related contact outside their ordinary working hours where that refusal is reasonable.

The legislation recognises that while some roles require after-hours availability, many do not. Whether an employee’s refusal is reasonable depends on factors including:

The reason for the contact.
How the contact is made and how disruptive it is.
The employee’s role and level of responsibility.
Whether the employee receives compensation or an allowance for being available after hours.
The employee’s personal circumstances, including caring responsibilities.

There is no “one size fits all” approach. The key is what is reasonable in the circumstances.

Why this matters

The legislation is about more than legal compliance.

Research consistently shows that employees who can genuinely disconnect from work experience:
Lower stress and burnout.

Improved mental health.
Higher engagement.
Better productivity during working hours.
Increased retention.

Creating boundaries benefits both employees and organisations.

What employers can do

Rather than waiting for issues to arise, employers should proactively review how work is managed after hours.

1. Review expectations

Ask yourself:

Do employees believe they must answer emails at night?
Do managers expect immediate responses?
Are these expectations written anywhere?

Often, workplace culture—not policy—creates the pressure.

2. Develop a Right to Disconnect policy

A simple policy can provide clarity around:

Expected working hours.
Emergency contact procedures.
On-call arrangements.
Response time expectations.
Escalation processes.

This gives employees confidence while ensuring genuine business needs are still met.

3. Train leaders

Managers set the tone.

Leaders should understand:

When after-hours contact is appropriate.
How their behaviour influences team expectations.
The difference between urgent and non-urgent communication.

Even sending an email late at night can unintentionally create pressure, regardless of whether a response is expected.

4. Use technology wisely

Many systems allow you to:

Schedule emails for the next business day.
Delay Teams or Slack notifications.
Use status settings to indicate availability.
Automate messages outside business hours.

Small changes can have a significant impact.

5. Clearly identify genuine emergencies

Not everything is urgent.

Employers should define:

What constitutes an emergency.
Who should be contacted.
Which communication channels should be used.
Who is responsible for responding.

Clarity reduces unnecessary interruptions.

6. Review employment contracts

Some employees—particularly senior leaders, operational managers or on-call employees—may legitimately be expected to respond outside normal hours.

Contracts should clearly outline:

Availability expectations.
On-call arrangements.
Any allowances or compensation.
Responsibilities attached to the role.

These expectations should align with operational requirements and applicable industrial instruments.

7. Check your workplace culture

Policies alone won’t change behaviour.

Consider:

Are meetings regularly scheduled outside ordinary hours?
Do leaders send messages at all hours?
Are employees praised for always being available?
Is taking leave genuinely encouraged?

Culture often determines whether employees feel they can disconnect.

Common misconceptions

“Employers can never contact employees after hours.”

False.

Employers can still contact employees. The legislation focuses on whether an employee’s refusal to respond is reasonable.

“This applies equally to every employee.”

Not necessarily.

The expectations placed on a senior executive are likely to differ from those of an administration employee or casual worker.

“This will stop businesses operating.”

No.

Businesses can continue to operate effectively by implementing appropriate on-call arrangements, rostering and emergency procedures.

Practical questions every employer should ask

Do we have a clear after-hours communication policy?
Are our managers modelling healthy behaviours?
Do employment contracts accurately reflect after-hours expectations?
Are employees compensated where ongoing availability is required?
Could our current practices unintentionally expose us to disputes?

If you’re unsure of the answers, now is the perfect time for a review.

How Explore Potential can help

At Explore Potential, we work with businesses to ensure their employment practices are practical, compliant and aligned with their operational needs.

We can assist with:

Reviewing employment contracts.
Developing Right to Disconnect policies.
Updating employee handbooks.
Training managers and leaders.
Reviewing on-call and after-hours arrangements.
Providing practical HR advice tailored to your workplace.

The Right to Disconnect doesn’t mean businesses lose flexibility. It means creating clear expectations that support both operational success and employee wellbeing.

When employers establish healthy boundaries, everyone benefits.