The Right to Disconnect: What Small Businesses Need to Know
From 26 August 2025, employees of small businesses in Australia will have a new workplace right: the right to disconnect. This update is designed to give people clearer boundaries between work and personal life, and it’s something both employers and employees should understand.
What does the right to disconnect mean?
It gives employees the right to refuse to monitor, read, or respond to work contact outside of their normal working hours, unless refusing would be unreasonable. That contact could be a phone call, text, email, or even a message on a workplace app.
This rule has already applied to medium and large employers since August 2024. From August 2025, small businesses must also comply.
When refusing might be unreasonable
The law recognises that there will still be times when responding out of hours is necessary. Some of the factors that get considered include:
Why the contact is happening and how urgent it is.
How disruptive the contact is to the employee.
Whether the employee is paid extra for being on call or working outside usual hours.
The employee’s role and level of responsibility.
The employee’s personal circumstances, such as family or caring duties.
For example, if a law requires the employee to respond, refusing would not be considered reasonable.
Real-world examples
Family responsibilities matter: If an employee finishes early to pick up their children, and a client email comes through, the manager may decide to redirect the task to another team member rather than disturb the employee.
Extra pay means extra expectations: If someone is receiving a higher salary because they are filling in for a manager, then some out-of-hours calls or messages may be considered part of the job.
How small businesses can prepare
The best way to manage the right to disconnect is through open discussion. Employers and employees should talk about:
When contact outside of hours might be expected.
What channels will be used (for example, only phone calls for emergencies).
How often these arrangements will be reviewed.
Whether extra pay or allowances apply.
Putting expectations in writing can also help prevent disputes.
What if disputes happen?
If there is a disagreement about the right to disconnect, the first step is to try to resolve it within the workplace. If that doesn’t work, the Fair Work Commission can step in to make a decision.
Why this matters
For employees, the right to disconnect supports work-life balance and reduces stress. For employers, it helps create clear expectations and healthier workplaces. Small businesses in particular may find that talking openly about these boundaries helps build trust and avoid burnout.
If you are a small business owner or manager and want to understand how this change affects your workplace, speaking with an employment lawyer or legal expert can help you set policies that are fair and practical.
At Connected Legal and Commercial, we work with small businesses every day to stay compliant and avoid costly mistakes. If you’d like clear guidance on the right to disconnect and other workplace rules, get in touch with us today.
DISCLAIMER
The content given herein is provided for information purposes only. It is general in nature and does not constitute legal advice and should not be used as such. Formal legal advice should be sought in particular matters.
Connected Legal + Commercial does not accept any liability to any person for the information (or use of such information) which is provided herein or incorporated into it by reference.
The information is provided in good faith on the basis that all persons accessing the content undertake responsibility for assessing its relevance and accuracy and will seek appropriate formal legal advice accordingly.