Chapter 6.4.9 – Right to Disconnect

Introduction

This policy outlines Whirligig’s commitment to supporting a healthy work-life balance for its employees. It aims to ensure employees have the right to disconnect from work-related communications outside their normal working hours, fostering a positive work environment and promoting employee well-being. The right to disconnect is a workplace right under the Fair Work Act 2009 s.333M–333W, s.340.

Policy objective

The objective of this policy is to:

• Uphold employees’ right to disconnect from work-related communications outside their normal working hours.
• Promote a healthy work-life balance and reduce the risk of employee burnout.
• Foster a culture where employees feel empowered to switch off and recharge during their personal time.
• Ensure clear expectations and guidelines around communication outside working hours.

Who this Policy applies to 

This policy applies to all employees of Whirligig, regardless of their employment status or role within the company.

Consequences of breaching this Policy

Whirligig expects managers to lead by example and respect employees’ right to disconnect. Any breach of this policy may result in disciplinary action, up to and including termination of employment.

Definitions

• Normal working hours: The hours an employee is ordinarily expected to work, as defined in their employment contract with Whirligig, or written agreement in addition to their employment contract. Work-related communications: Any communication related to work matters, including emails, phone calls, texts, instant messages, and social media messages.
• Reasonable refusal: An employee’s decision to refuse to engage with work-related communications outside their normal working hours, considering factors such as the nature of their role at Whirligig, urgency of the communication, and any relevant workplace agreement at Whirligig.

Overview

1. Employee’s rightEmployees have the right to refuse to engage with work-related communications outside their normal working hours, provided their refusal is reasonable.Their normal working hours are those set out in their employment contract, plus any variations to these hours agreed in writing.
2. Manager’s responsibilityManagers should avoid contacting employees outside their normal working hours, except in exceptional circumstances where it is reasonable to do so.
3. Communication expectationsManagers should establish clear expectations with their team around communication outside normal working hours. Where an employee’s working hours deviate from their employment contract, the manager should ensure that these are agreed in writing.
4. Emergency contactIn case of genuine emergencies, managers may contact employees outside normal working hours. However, this should be limited to genuinely urgent situations. Refer to the examples below.

Definition of reasonable

If the contact or attempted contact is not required by law, managers must consider certain matters when deciding whether the employee’s disconnection is unreasonable. These include:

• the reason for the contact (or attempted contact)
• how the contact (or attempted contact) is made and how much disruption it causes the employee
• any compensation (monetary or non-monetary) the employee receives (i) to be available to work when the contact is made, or (ii) to work outside their ordinary hours
• the employee’s role and their level of responsibility, and
• the employee’s personal circumstances, including family or caring responsibilities.

Disputes

If an employee believes their right to disconnect has been violated, they should first raise the issue with their manager. If the matter is not resolved satisfactorily, the employee can escalate the issue to the Whirligig HR department.

Implementation, Review and Monitoring

Whirligig ensures the effective implementation of this Policy to ensure all employees are aware of their obligations through new starter and ongoing training.

This Policy is reviewed to monitor its effectiveness and to consider its suitability, adequacy and identify any deficiencies. Where necessary, it will be updated to ensure the Policy is in line with all regulations, updates and notifications to keep Whirligig compliant and performing to its best ability.

Review and assessment of this Policy will be carried out at least annually or whenever a material change occurs. Any changes to this Policy will be communicated to the business.

Compliance with this Policy ensures Whirligig meets its obligations.  Apart from what has already been covered in the Policy, Whirligig IMS Manager will monitor this Policy’s use and effectiveness through ensuring that:

• all Whirligig employees attest annually that they understand and comply with this Policy.
• those with specific responsibilities in relation to this Policy will receive more intensive training (as required); and
• any potential breaches of this Policy are reported in line with the Incident and Breach Reporting Policy.