The Right to Disconnect Will Soon Apply to Small Businesses

From 26 August 2025, the right to disconnect will extend to employees of small businesses (those with fewer than 15 employees), following its earlier rollout to larger employers. This change is part of Australia’s broader workplace reforms aimed at supporting work-life balance and mental wellbeing.

What is the Right to Disconnect?

The right to disconnect allows employees to refuse to monitor, read, or respond to contact from their employer outside of working hours, provided that refusal is not unreasonable.

This applies not just to contact from the employer, but also to work-related communication from third parties — including clients, suppliers, and the public. Contact may include emails, texts, phone calls, or social media messages.

Importantly, this is not a blanket ban on after-hours communication. The focus is whether it’s unreasonable for the employee to be expected to respond, not whether it was reasonable for the employer to make contact.

What Protections Are Provided?

Employers cannot take adverse action against an employee for reasonably exercising this right. This includes actions such as:

• Dismissal or demotion

• Reduced hours or shifts

• Negative changes to duties or pay

• Overlooking the employee for promotions or opportunities

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What Happens If There's a Dispute?

If disagreement arises over the right to disconnect, it must first be addressed internally. If it cannot be resolved, either party can apply to the Fair Work Commission (FWC):

• An employer can seek an order preventing the employee from unreasonably refusing contact.

• An employee can apply for an order preventing the employer from requiring them to respond or from taking disciplinary action.

  
  

The FWC will consider:

• The reason and method of the contact

• The level of disruption to the employee

• The nature and responsibility level of the employee’s role

• The employee’s personal circumstances (e.g., family or caring responsibilities)

• Whether the employee is paid for being available outside hours

• Whether the contact is legally required

  
  

How Has It Affected Workplaces So Far?

• Unpaid overtime has decreased, likely due to increased awareness and enforcement of this right

• Some employees are raising this right in general protections (adverse action) claims

• The impact is minimal on roles with on-call duties or overtime, as it may be reasonable to expect after-hours response in those roles

  
  

What Should Small Businesses Do Now?

To prepare ahead of the 26 August start date, small businesses should:

• Discuss expectations with employees around after-hours contact, including preferred communication methods

• Review and update workplace policies to align with the new rules

• Update job descriptions or contracts (where applicable) to reflect after-hours availability and compensation, if relevant