The Right To Disconnect & Managing Technology Demands

Since the industrial revolution, organisations have been designed to revolve around a 24/7 society and an ability to meet customer demands quickly. The introduction of shiftwork, on call, call outs and overtime, as well as enhancements in technology, have led to the ability to work anywhere, any time.

This has been positive for society, business and individuals in many ways. We have been afforded the opportunity to work flexibility, work from home, and increase our take home pay as just some of the benefits. Remote working and access to technology has provided organisations the ability to enable virtual collaboration thereby increasing efficiency and productivity, as well as the ability to scale up and down as needed.

With every benefit, however, there can also be risks. The ability to connect to the workplace so readily has led to a blurring between work and personal lives, constant interruptions, excessive use of technology, increased fatigue, and an inability to switch off from work. Organisations have seen the impact of these conditions through poorer engagement, performance and morale, effects on health, safety and wellbeing outcomes, and increased turnover and absenteeism.

Leaders need clear information and instruction on how to support the right to disconnect in a way that enables operations to be effectively maintained.

At YES Psychology, we have heard and observed these impacts through our consultation services. Employees have raised many concerns associated with demands brought about by technology. Discussions on this topic are often centred on:  

• the need for 24/7 availability,
• a feeling of always being contactable,
• observing leaders working at all hours online,
• constant messages on various platforms,  
• work hour expectations,
• attendance at meetings outside of hours or whilst on leave, and
• contact by the business on leave or days off.

Through our work, we have also identified several factors that contribute to employees feeling impacted by technology demands and unable to disconnect or switch off from work. These include:

• The number of systems available for work-related communication (e.g. email, What’s App, Microsoft teams, text messages);
• Frequent interruptions outside of work (e.g. task and message reminders, instant messages, email notifications, beep, buzz and blink of smartphones/tablets); and
• Expectations, role modelling and a culture of working long hours and/or maintaining a connection to the workplace when on leave or outside of normal working hours.

It is the impact of these working conditions on both employees and organisations that has led to the introduction of the right to disconnect provisions in the Fair Work Act 2009.

In short, these provisions provide employees with the legal right to refuse to monitor, read or respond to contact, or attempted contact, from an employer outside of their working hours, unless such refusal is unreasonable. The right to disconnect also enables an employee to refuse to monitor, read or respond to work-related contact, or attempted contact, from a third party outside of their working hours, unless such refusal is unreasonable.

Importantly, however, the right to disconnect does not prohibit a leader or third party from contacting or attempting to contact an employee outside of their working hours, but a leader can only expect an employee to monitor, read or respond to out of hours contact when it is reasonable to do so. 

Importantly, however, the right to disconnect does not prohibit a leader or third party from contacting or attempting to contact an employee outside of their working hours, but a leader can only expect an employee to monitor, read or respond to out of hours contact when it is reasonable to do so. 

As organisations communicate these requirements, we have observed that leaders are seeking more guidance and information on how to practically apply these provisions to everyday situations and scenarios. This includes the need for leaders to have:

1. Clarity around what is and is not reasonable for contact purposes;
2. Clear guidance on methods and strategies that may be used to make reasonable contact;
3. Instructions on when and how to contact an employee for a welfare check or wellbeing check in following a critical incident or event in the workplace and methods for enabling this;
4. Strategies for mitigating people risks when employees choose to disconnect from reasonable contact; and
5. Business strategies for minimising the impact of less contact or response from the workforce (e.g. succession planning, training, automation).

It would be reasonable to expect that many organisations are still considering how to fully operationalise these provisions on a day-to-day basis, particularly those that work in a 24/7 or global environment. Further, some of the concerns and questions raised by employees and leaders may still need to be worked through and solutions identified.

For everyone to benefit, it can be helpful to consider the intent behind the right to disconnect law and apply the work health and safety obligations in tandem to enable an effective approach. At a high level, managing the demands associated with technology to support the right to disconnect should include:

1. Providing information, instruction, supervision or training on the organisation’s expectations to manage this risk; and
2. Monitoring the health of workers and the conditions at the workplace to prevent injury or illness.

To manage the risk to the psychological health of workers as well as the risks associated with employees quietly quitting (a phenomenon where employees do the bare minimum without resigning), it is critical we regularly consult with workers and take their views into account when considering any changes to the work design.

Following this consultation, organisations can then implement clear guidance on how both leaders and employees should embed these laws in the context of the organisation’s operations. This will provide clarity and manage expectations of all parties.

Quick Tips for Leaders in the Meantime:

1. Your people will look to their leaders’ reactions about the new laws, so be mindful in how you react and reframe the Right to Disconnect approach.  There will be varied opinions in workplaces.
2. If someone invokes the right to disconnect, see it as an opportunity to listen and support them, as this may stem from a need to manage workload, work-life integration and/or some sort of pressure. If this does occur, it may not be done lightly.
3. Gather up the questions (and likely questions) from your people and together with the help of management, HR and W&S personnel, generate a Q&A cheat sheet for leaders.
4. Consider how your existing culture, management support, flexible working options and workplace health and safety approach may already be managing the needs that lie behind the intentions of the right to disconnect.
5. Consider how your organisation’s existing (or evolving) Psychosocial Risk Management approach may also have prepared you for the right to disconnect. With the recent attention of psychosocial hazards at work (stemming from the release of codes of practice) organisations have begun to strengthen their approach to risk identification, management and review – in relation work demands, work designs, occupational stress exposure and systems of support.

YES Psychology is here to discuss any concerns you may have in relation to the right to disconnect laws and the management of psychosocial hazards such as work and technology demands. Should you wish to seek support for context-driven solutions, contact us for further information.

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Upcoming Brisbane Forum – The Art of Crucial Conversations

An essential interpersonal skill for any leader is the ability to hold crucial conversations.

By successfully navigating crucial conversations as a leader, you can help build trust, strengthen relationships, support wellbeing, and deliver higher levels of performance.

On Thursday 10 October, Dr Lisa Mayocchi, Principal Consultant at YES Psychology will be running a half-day workshop, in collaboration with DFP recruitment on ‘The Art of Leading Crucial Conversations’. This interactive workshop will explore practical ways for you to prepare for – and lead – crucial conversations in the workplace. It will be held at the Marriott Hotel, 515 Queen Street, Brisbane.

Attendance at the Forum is complimentary and will include full breakfast. Please RSVP to Tom Hatch on 03 8632 9952 or email thatch@dfp.com.au by Wednesday 2 October 2024, noting places are limited. For further details, see the DFP Events page.