As a small business owner, you wear a lot of hats, and sometimes that means sending a message or making a call outside of standard hours. But from 26 August 2025, the new Right to Disconnect laws come into effect for small businesses across Australia, and it’s something you need to get across now.
So, what does it mean?
The Right to Disconnect gives employees the legal right to ignore work-related contact outside of their regular working hours, unless it’s reasonable for you to expect a response.
But don’t panic, this doesn’t mean you’re banned from calling or messaging after hours. What it means is that employees can legally decline to respond, and you need to be clear on what “reasonable” contact looks like in your business.
If you don’t handle this well, it could result in legal action or penalties, so it’s worth getting it right.
Here’s what you should be doing now:
(1) Know the Rules
Start by visiting the Fair Work Ombudsman website to understand exactly what the new law says and how it applies to your team.
(2) Have the Conversation
Speak openly with your staff. Ask about their needs, schedules, and what reasonable contact looks like to them. A casual chat can go a long way in building trust and avoiding future misunderstandings.
(3) Define “Reasonable” Contact
Emergencies happen, and some roles may require occasional after-hours availability; that’s fine, as long as it’s fair and communicated. Define what situations justify contact outside work hours (e.g., IT emergencies, urgent client issues, safety concerns).
(4) Set Expectations
Be upfront about when and how you might contact your team outside of hours, and more importantly, when you won’t. Align this with your team’s roles and personal boundaries.
(5) Document and Review
Put your agreements in writing, whether that’s in employment contracts, a workplace policy, or just a shared document. Review it regularly and keep the communication going.
It’s About Respect and Balance
At the end of the day, this law is about helping employers and employees strike a fair balance between work and personal life. For SMEs, it’s a chance to strengthen workplace culture, improve staff morale, and avoid burnout.
Get ahead of the curve, talk to your team now, and work together on a plan that supports your business and your people.
