The right to disconnect laws come into effect on August 26, 2025 for small businesses. How will this affect your business and are you ready? Our experts help unpack the new provisions.
From August 26, 2025, the right to disconnect will apply to small business national system employers. This provision came into effect for non-small businesses on August 26, 2024. CCIWA’s Employee Relations Helpline team can assist with answering questions and help businesses understand their obligations.
What is the right to disconnect?
The right to disconnect provides employees with the right to refuse to monitor, read or respond to contact or attempted contact from their employer (or a related third party) made outside their working hours, unless the refusal is unreasonable. This includes texts, messages, calls and emails.
What classifies a small business employer?
A small business employer is a national system employer with fewer than 15 employees, including regular casuals. Associated entities count as one employer and must be included in the headcount.
Can an employer still contact employees after hours?
The right to disconnect does not stop employers from making contact with their employees. However, the employees can refuse to engage with that contact if reasonable in the circumstances.
When is it unreasonable for the employee to refuse after-hours contact?
The following factors will be considered when determining if an employee’s refusal is unreasonable:
- The reason why contact or attempted contact was made;
- How the contact was made and the level of disruption caused to the employee because of the contact;
- The extent the employee is compensated (monetary and non-monetary)
- for the employee’s time to be available to perform work whilst the contact was made; or
- for any additional hours worked outside of the employee’s ordinary hours.
- The nature of the employee’s role and the employee’s level of responsibility; and
- The personal circumstance of the employee, taking into consideration any family or caring responsibilities.
What if I discipline my employee for refusing contact outside of their working hours?
The right to disconnect is a protected workplace right under the Fair Work Act 2009 (Cth). Disciplining an employee for not responding to contact or attempted contact outside work hours could be considered an adverse action, possibly resulting in the employee filing a general protection claim. If successful, the claim may result in damages to which the amount is uncapped.
What should I do to make sure my small business is compliant with the right to disconnect legislation?
To ensure your small business is compliant with the right to disconnect legislation, the following tips may be useful:
- Review what current forms of communication are being used to contact employees outside of working hours and consider whether these types could be potentially challenged.
- Develop and implement a right to disconnect policy and specify what types of communication may be reasonable for the business to make with employees outside of working hours.
- Review employment contracts and include clear terms regarding reasonable contact made outside of work hours.
- Clearly communicate expectations regarding after-hours contact, tailored to the workplace and an employee’s role. Where appropriate, provide information about any compensation for after-hours contact.
The right to disconnect is designed to place boundaries on work-related communication and to protect employee’s time outside of work hours. Clear expectations, policies and documentation are key to remaining compliant with this legislation.
How can CCIWA help?
CCIWA has a ready to use right to disconnect policy template available for subscription.
Small business employers requiring further information about the right to disconnect or would like to discuss the right to disconnect policy template should contact CCIWA’s Employee Relations Helpline on 08 9365 7660 or [email protected].
