The right to disconnect

The right to disconnect from work communications has emerged as a significant workplace industrial issue. Workers in schools are overworked, stressed, and exhausted. Many are leaving the profession and a teacher shortage is biting. The expectation that they are always “on call” for their employer and students and their parents, exacerbates workload intensification, Will Brodie writes.

ACTU secretary Sally McManus says its essential that working people can disconnect from work tasks; if we don’t have clear boundaries separating work and the rest of our lives, we end up performing even more unpaid work and damaging our mental health.

Members of the European Parliament have called for the right to disconnect to be a fundamental right, saying the ‘always on’ culture increases the risk of burnout, anxiety, and depression. Under their model, staff members would not be contacted outside their working hours, except in an emergency.

Already, six European nations have right to disconnect laws.

One size deosn’t fit all

Australian unions are now arguing for a ‘right to disconnect as part of their workplace agreements.

The IEU Queensland/Northern Territory Branch (IEU-QNT)has tabled a ‘right to disconnect’ claim in its current bargaining in Queensland Catholic schools. Its position recognises that such provisions need to suit the staff in each school: “Each school will establish through consultation with staff an agreed span of hours for the purposes of this clause.”

In schools with a School Consultative Committee (SCC), that body would manage the consideration of when staff are not able to be contacted. In schools without a SCC, the principal would be required to undertake the consultation with all employees.

This position recognises that one size doesn’t fit all when it comes to expectations about being ‘connected’. Some research warns against being too restrictive, at the risk of creating distress for some.

Researchers at the University of Sussex in the UK who examined ‘right to disconnect’ rules found workers who were ‘banned’ from checking emails after work felt more stressed than when they were allowed to do so.

Emma Russell, lead researcher of the study said, “people need to deal with email in the way that suits their personality and their goal priorities in order to feel like they are adequately managing their workload”.

Marcus Butts, a management professor at Southern Methodist University, says after-hours connectivity canbe beneficial.

“Being able to attend to after-work emails after the kids go to bed allows you to set up for the next day,” he says, likening it to “parking downhill”.

Hard to enforce

A Sydney Morning Herald editorial suggested, “While it might help to write the broad principles into workplace agreements, this is such a complicated area that employers and employees will still have to show flexibility in working out the details”.

Expectations in one workplace may not suit another.

Workplace lawyer Samantha Maddern says, “… any ‘right to disconnect’ would still need to be sufficiently flexible to meet operational needs and accommodate employees’ reasonable needs.”

Legal and employment blog On Labor identified shortcomings of existing right to disconnect laws, including a lack of clarity and enforceability.

Even within a single workplace, any right would need to be flexible to meet operational needs and accommodate employees’ reasonable needs. A one size-fits-all approach absolutely will not work.

Many such laws don’t create an obligation to disconnect.

“This often shifts the burden of disconnecting to the worker. While proponents of laws framed without such an obligation to disconnect might suggest this allows the workers to take control and choose whether to disconnect or not, the reality is more complicated.

“Workers may feel pressure from their employers or managers, or desire to get ahead by being more available, and thus may still opt to connect and respond to online communications after hours. In turn, this may disadvantage those who choose to exercise their right to disconnect and deter those that otherwise would.”

The IEU-QNT clause is therefore adamant that it is the responsibility of schools to make it clear what is expected of staff: “Each school has a positive duty to advise students, parents and the school community of the employees’ right to disconnect and the agreed operational protocols”.

Those protocols would include an agreed span of hours when employees may be contacted and an agreed response time which includes consideration of weekends, vacation periods and holidays.

On Labor suggests technology might assist in protecting the boundary between work and home. Automatic prompts could remind senders that their message is out-of-hours. Servers could delay delivery of any email sent at night or over the weekend.

Luc Pansu, evaluating right to disconnect legislation for the International Journal of Management and Applied Research, offered other suggestions:

  • Choose face-to-face contact over electronic communication where possible
  • Add additional messages in emails reminding that the sender does not expect an immediate answer (except when there is a genuine emergency)
  • Exclude emailing recipients who are on holidays. (For important matters, the sender will have to send another message when the recipient comes back from holiday)
  • Deactivate email functionalities like “reply to all”.


Pansu says the large majority of participating workers, even managers, welcome the laws.

However, in most organisations, “short-term results and financial performance seems to prevail over concerns of wellbeing, better working conditions and long-lasting productivity”.

Good intentions don’t reduce workloads. No employer or school leader says they want their teachers to be overloaded, but they are, and workload demands continue to increase.

Unions are setting the pace on the right to disconnect provisions in the face of increasing demands on staff for 24/7 connectedness.

Australian Unions reported on teachers in the ACT being expected to respond to late night emails from students and parents and were “bombarded” with calls when on sick leave. Supervisors sent text messages to staff asking them to pick up textbooks at sales on the weekend.

Stories such as these would be familiar to teachers all over the country.

Collective action makes a difference and unionists are leveraging their presence in the workplace.

At some schools there are “walk-arounds at 5:30pm” to ensure that staff have left for the day. Another school issued an all-staff direction not to communicate out of hours about work matters, except in the case of an emergency.

“If a school has a strong and active union presence, the right (to disconnect) is well-enforced.”

Victoria Police employees negotiated right to disconnect provisions in 2021. Managers now have to “respect leave and rest days and avoid contacting officers outside work hours, unless in an emergency or to check on their welfare”.

Victoria Police Association of Victoria Secretary Wayne Gatt told ABC News, “it’s really important that as much as possible… we introduce some barriers so our members can wind down, so they can return to normal”.

“That’s so important for their mental health and wellbeing.”

“We need to put the brakes on some of the things our members do outside of their working hours, so that we can keep them at their best and we can keep them helping the community for a long and productive career,” he said.

Gatt could just as readily be describing burnt out teachers.

‘Right to Disconnect’ provisions are not a silver bullet, but they can help address the workload and work intensification scourge if they are developed with the input of employees and drawing on the insights and expertise of the union movement.

References

https://theconversation.com/the-right-to-disconnect-why-legislation-doesnt-address-the-real-problems-with-work-170941

https://www.abc.net.au/news/2021-04-06/right-to-disconnect-gives-workers-their-lives-back/100040424

https://www.smh.com.au/business/workplace/employers-must-respect-the-right-to-disconnect-from-work-20220916-p5birp.html

https://www.millsoakley.com.au/thinking/the-right-to-disconnect-should-employers-welcome-this-or-be-worried/

https://www.smh.com.au/politics/federal/weekend-the-new-frontline-in-the-white-collar-battle-for-the-right-to-unplug-20220916-p5bikc.html

https://www.hcamag.com/au/specialisation/employment-law/should-australia-consider-the-right-to-disconnect-law/409705

https://www.theguardian.com/australia-news/2021/nov/17/australians-working-15-hours-more-unpaid-overtime-each-week-compared-to-pre-covid

https://lsj.com.au/articles/right-to-disconnect/

https://www.techrepublic.com/article/are-right-to-disconnect-laws-the-right-idea/

https://www.ijmar.org/v5n3/18-008.html