The “right to disconnect” gives employees the right to refuse to monitor, read or respond to contact from their employer outside their working hours when that contact is unreasonable. Between its aim of enhanced work-life balance and the potential challenges it might create to the flexibility many have become accustomed to in modern workplaces, what will it look like in practice?

In a world where technology can have us plugged in 24/7, establishing clear boundaries around after-hours communication through a legislated right to switch off could help promote a healthier work-life balance and in turn, improve psychosocial safety, an area attracting increasing attention from regulators.

In a world where technology can have us plugged in 24/7, establishing clear boundaries around after-hours work could help promote a healthier work-life balance.Credit: Stephen Kiprillis

That’s undoubtedly a win for us all. But we’ve seen considerable debate about the potential unintended consequence of this, with some concerned the right to disconnect will ultimately make our workplaces less flexible, limiting the luxury that many employees say has a positive influence on their wellbeing.

Flexibility is a game-changer in today’s job market. It’s no longer a nice-to-have, but a strategic advantage for employers when it comes to attracting and retaining staff. It’s good for diversity and inclusion, too.

But it’s a two-way street; rigid rules around when employees can and can’t be contacted could disrupt the adaptability of employers – the factor that makes informal flexible work arrangements possible.

For example, some employers may require employees to front up to the office during working hours to ensure maximum productivity with the give and take of flexibility becoming increasingly one-sided.

Some employees have a legislated right to flexible work arrangements and other employees enter into individual flexibility agreements with employers to vary the terms of employment that would otherwise apply to them. Employers will need to continue to observe those arrangements either way.