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Right to Disconnect – Now Relevant for Small Employers

  • Writer: Faye Absalon
    Faye Absalon
  • Aug 29
  • 2 min read

Back in our January newsletter, we shared updates on the introduction of the Right to Disconnect for large employers, which took effect on 26 August 2024. Now it is time for small employers to prepare, with the same provisions applying to them from 26 August 2025.


As a reminder, large employers are those with 15 or more employees, while small employers have fewer than 15. Employee numbers are based on headcount and include casuals if they work on a regular and systematic basis.


What Is the Right to Disconnect?


The Right to Disconnect gives employees the legal ability to refuse to monitor, read, or respond to work-related communications, such as emails, calls, or messages, outside of their ordinary working hours, unless refusing is unreasonable. Whether a refusal is unreasonable will depend on factors such as:


  • How urgent or important the contact is

  • The employee’s role and responsibilities

  • Whether the employee is compensated for being available after hours (for example, through overtime or allowances)


For example, imagine employee finishes work at 5 pm and switches off their work phone. The employer sends an email at 10 pm asking for an immediate reply. Under the Right to Disconnect, the employee can choose not to read or respond until their next shift, unless the situation is genuinely urgent or they have agreed to be available outside their usual hours.


Why This Change Matters


This new entitlement is part of a broader push to support work-life balance, reduce burnout, and ensure employees are not expected to provide unpaid out-of-hours work. It is particularly important in workplaces with remote or hybrid arrangements where boundaries between work and home can easily blur.


What Small Employers Should Do Now


Even though there is no legal requirement to create a specific Right to Disconnect policy, small employers should use this as an opportunity to:


  • Review workplace culture around after-hours communication

  • Consider updating policies or employment contracts to set clear expectations

  • Provide guidance for managers and team leaders on handling urgent matters appropriately

  • Communicate openly with staff about when after-hours contact is reasonable


Disputes should ideally be resolved within the workplace, but employees can escalate issues to the Fair Work Commission if necessary. While penalties are not automatic, ignoring the entitlement could create broader workplace risks.


For small employers, this is as much about culture as it is about compliance. Respecting boundaries builds trust, supports productivity, and reduces the risk of conflict.


Now is a great time to check in on how your business communicates and make sure expectations are clear for everyone.


 

Disclaimer: This article is intended to provide general guidance and is not specific advice. We encourage you to seek tailored advice for your circumstances.



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