Disconnecting From Work: Australia’s Right to Disconnect is in Effect, Can UK follow Suit?

Earlier this year, Australian employment law established a right-to-disconnect policy, renewing the debate concerning whether the UK should adopt something similar. Read on as we examine how Australians are disconnecting from work and where the UK currently stands. We will discuss how employers can encourage stress management at work and what employees can do to help switch off.

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How Australians are Disconnecting from Work

On 26 August 2024, a right to disconnect was brought into Australian employment law. This change will affect most businesses, with small companies (fewer than 15 employees) having an additional year to comply. 

Eligible employees can now refuse work-related communications outside their regular working hours, provided their refusal isn’t unreasonable. To determine whether a refusal is reasonable, factors like the reason for the contact, its disruptiveness, and an individual’s seniority would be considered.

Following the legal shift, Aaron Goonrey, partner at Pinsent Masons in Australia, clarified the new stance. He explained that the most important element employers must take away from the change is “managing expectations”. He said, “[Employers] really have to express what the expectations of the role are and why there are those expectations…”.

While this right to disconnect from work policy doesn’t prohibit employers from contacting employees after hours, it does prevent them from penalising employees for ignoring them. Consequently, to ensure employees are disconnecting from work in alignment with their legal entitlements, employers must:

  • Review their current practices related to out-of-hours communication
  • Develop or update policies that comply with the law
  • Provide training to managers and staff on their new right-to-disconnect policy

Does the UK have a Disconnect from Work Policy

Unlike Australian employment law, the UK hasn’t yet established a right that specifically addresses disconnecting from work. Currently, employees rely on the Working Time Regulations 1998, which limit the average working week to 48 hours (calculated over a 17-week period) and mandate rest breaks. 

Unfortunately, these regulations are often circumvented, with employers requesting employees to opt out of the 48-hour limit and flexible work blurring the lines between work and home. As such, Australia’s shift has sparked new calls for the UK to legislate their own right-to-disconnect policy.

Such a change may be on the horizon, though, as following Labour’s election, they’ve proposed a new “Right to Switch Off”. Should this be implemented, employers would be required to provide tailored agreements in line with a new Code of Conduct. Said agreements would outline when employees could be contacted out-of-hours, and while a breach of the policy wouldn’t give rise to employment tribunal claims alone, they would potentially increase the compensation awarded in other claims.

However, while this may sound promising, only time will tell if a disconnect-from-work policy is enacted. Despite the benefits of disconnecting from work, employers are concerned that decreased flexibility and availability would reduce their competitiveness. Consequently, it will be up to the government to find the right balance between employee well-being and employer needs.

How do I Mentally Log Off from Work?

Since disconnecting from work is currently unaddressed in UK employment law, employees and employers alike should find alternative solutions. Doing so will enhance workforce well-being—not to mention the potential benefits for employers.

Why is it Important to Switch Off from Work?

It’s well-documented that overworking can increase stress levels, causing mental exhaustion and potentially leading to burnout. On a personal level, this can significantly impact an individual’s physical and mental health, potentially affecting all areas of their life, from sleep quality to relationships.

However, if employees aren’t disconnecting from work regularly, the impacts can also extend to their professional lives. Fatigue could decrease their productivity and increase the likelihood of them becoming disengaged in work, which could lead to dissatisfaction and a rise in staff turnover. As such, to ensure optimal productivity, retention rates and employee well-being, stress management at work must be taken seriously.

Practical Steps to Support Disconnecting from Work

Disconnecting from work is an excellent way to manage employee stress levels. While a right may not currently be established in UK law, it doesn’t prevent employees and employers from taking matters into their own hands.

From an employee’s perspective, they could:

  • Set Firm Boundaries – Establishing clear start and finish times with colleagues and managers can help prevent “out-of-office” correspondence. Utilising out-of-office replies can also be an excellent way to reinforce that any such correspondence will be responded to during working hours.
  • Turn Off Work Notifications – Disabling notifications for work-related correspondence outside an employee’s scheduled hours can help prevent them from being tempted to respond. Apps blocking such notifications during personal time could be a way to achieve this.
  • Create a Physical Separation Between Work and Personal Life – When individuals make a flexible working request to work from home, it can be difficult to separate work and personal life. For those who struggle with this, establishing a dedicated workspace to compartmentalise work tasks may help.

As for employers, they should consider:

  • Encouraging Work-Life Balance – In addition to encouraging the boundaries set by employees, employers could establish policies on the matter. Having guidelines that promote disconnecting from work will prevent employees from feeling bad for ignoring correspondence outside of office hours.
  • Leading by Example – Managers who refrain from sending emails outside working hours and clock off on time regularly will help remove the pressure to work overtime.
  • Flexible Working – Employers should ensure their workforce understands their right to make a flexible working request. If implemented, this would enable employees to work when they are most productive and fulfil their personal obligations.

Get Help with Redmans

While the UK has yet to establish a formal disconnect-from-work policy, proactive steps can be taken to support work-life balance and manage stress effectively. If you have any employment law-related concerns, such as making a flexible working request, or believe your rights have been breached, contact Redmans Solicitors today.

Our expert team is here to help, and after a quick consultation, we can provide expert advice. To begin your journey with us now, simply: