We refer to our previous update titled "New Reform giving employees the right to disconnect". These changes have now commenced, effective 26 August 2024.
Employees who are employed by a large business, which is defined as a business who employs more than 15 employees, will have the right to refuse to monitor, read or respond to contact, from an employer if such communication is deemed unreasonable.
However these reforms will not take effect until August 2025 for employees working in small businesses, which is defined as a business which employs less than 15 employees.
See below a list of some considerations that will be taken into account when determining unreasonable communication:
- the reason for the contact;
- whether the employee is compensated or paid extra for being available outside normal working hours;
- the nature of the employee's role and level of responsibility;
- the employee's personal circumstances (including family or caring responsibilities).
For further details on the right to disconnect please see our previous article "New Reform giving employees the right to disconnect".
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.