The right to disconnect does not ban after-hours contact. It protects your team’s right to reasonably switch off. This guide covers what it means, what counts as reasonable, and the HR steps to get it right.
The line between work and home has never been blurrier. Emails arrive after dinner, texts land on days off, and a quick message can quietly stretch the working day well into the evening. Australia’s right to disconnect laws are designed to push back on that creep, and since 26 August 2025 they apply to small businesses too.
This article is general information only and not legal advice. At Trusted HR Solutions, we help employers across Coffs Harbour and the Mid North Coast with the people and HR side of changes like this: setting clear policies, updating contracts and supporting managers to lead well. For advice about a specific dispute or your legal obligations, we can point you to a trusted employment lawyer or the Fair Work Ombudsman.
Quick summary
- The right to disconnect has applied to small businesses with fewer than 15 employees since 26 August 2025.
- It lets employees reasonably refuse to monitor or respond to work contact outside their working hours.
- It does not ban after-hours contact; it protects a reasonable right to switch off.
- Whether a refusal is reasonable depends on urgency, role, compensation and personal circumstances.
- A clear written policy, current contracts and good role-modelling are your best protection.
What Is the Right to Disconnect?
The right to disconnect gives employees the right to refuse to monitor, read or respond to work contact outside their working hours, unless that refusal is unreasonable. It became part of the Fair Work Act for larger employers in August 2024 and extended to small business employers with fewer than 15 employees on 26 August 2025.
The right also covers contact from third parties, such as clients or customers, not just direct contact from you as the employer. Importantly, the law does not ban after-hours contact. You can still call or email when you genuinely need to. What it protects is an employee’s right not to be penalised for choosing not to respond outside their hours when it is reasonable for them to switch off.
What Counts as Reasonable?
Whether a refusal to respond is reasonable depends on the circumstances. The Fair Work Act lists factors that must be weighed up, including:
- the reason for the contact and how urgent it is
- how the contact is made and how disruptive it is
- whether the employee is compensated for being available or working extra hours
- the employee’s role and level of responsibility
- their personal circumstances, including family or caring responsibilities
A genuine emergency or a roster change for the next shift sits very differently to a non-urgent request sent at 9pm that could easily wait until morning. A refusal is also unreasonable if the contact is required by law.
Why This Matters for Your People
The right to disconnect is not only a Fair Work issue, it connects to the wellbeing of your team. Being always on is widely recognised as a psychosocial hazard, and poorly managed after-hours expectations can contribute to stress, burnout and, over time, higher turnover.
Handled well, the right to disconnect is an opportunity. Clear boundaries support wellbeing, reduce the risk of disputes, and make your business a more attractive place to work. The health and safety side of psychosocial risk sits with WHS specialists, and we can refer you on where that is needed, but the people and culture side, how you set expectations and model good habits, is squarely an HR conversation.
What Small Business Employers Should Do
You do not need a legal team to get this right. A few practical moves go a long way.
1. Put a Clear Policy in Writing
Document when your team is and is not expected to be contactable, and what counts as a genuine exception. A short, plain-English workplace policy beats unwritten assumptions every time.
2. Review Your Employment Contracts
Check that your employment contracts reflect actual hours, any on-call or availability arrangements, and how those are compensated. Where a role genuinely needs after-hours availability, that should be set out clearly.
3. Lead by Example
If managers email at 10pm, staff feel they should reply. Encourage scheduling messages for business hours and normalise the idea that a delayed reply is fine. Supporting your managers through leadership coaching can help them set the right tone.
4. Define Genuine Emergencies
Agree in advance what truly warrants out-of-hours contact, such as a safety issue or an urgent operational problem, so both sides know where the line sits.
5. Talk With Your Team and Check the Rest
The best policies are built with staff, not imposed on them. A simple conversation about what reasonable contact looks like can prevent problems later. A change like this is also a good prompt for an HR audit to make sure your contracts, policies and record-keeping are in order.
How Trusted HR Solutions Can Help
The right to disconnect sits right in the middle of good HR practice: fair policies, clear contracts and confident managers. We help employers put simple, compliant policies in place, update employment contracts, and coach managers so they can set expectations without eroding trust. Where a situation involves a formal Fair Work dispute or legal risk, we will refer you to a trusted employment lawyer or point you to the Fair Work Ombudsman.
Trusted HR Solutions is led by Tania Langler, who brings over 25 years of experience across local and NSW state government, health, construction, not-for-profit and private sector organisations. As a nationally accredited mediator and member of the Australian Human Resources Institute, Tania helps employers manage workplace change without losing the trust of their team. For businesses that want ongoing support, Tania can work alongside you as an outsourced HR Business Partner. Where after-hours tensions have already caused friction, her mediation and conflict resolution work can help repair working relationships.
To be clear on our boundaries: we provide HR guidance and support, not legal advice. For advice about a specific dispute or your obligations under the Fair Work Act, please speak to an employment lawyer or the Fair Work Ombudsman. We are based in Coffs Harbour and work with regional businesses right across the Mid North Coast, face to face or online.
Frequently Asked Questions
Does the right to disconnect apply to small businesses?
Yes. It has applied to small business employers with fewer than 15 employees since 26 August 2025, and to larger employers since 26 August 2024.
Can I still contact staff after hours?
Yes. The law does not prohibit contact. It protects an employee’s right to reasonably refuse to monitor or respond outside their working hours.
What if an employee is on call?
If a role genuinely requires availability, that should be set out in their employment arrangements and appropriately compensated, which makes a refusal to respond more likely to be unreasonable.
What happens if there is a dispute?
Employers and employees should first try to resolve it in the workplace. If that does not work, either party can apply to the Fair Work Commission for help with right to disconnect disputes. For legal questions we can refer you to an employment lawyer.
Does Trusted HR Solutions provide legal advice?
No. We help with the people and HR side, including policies, contracts, manager coaching and communication. For legal advice about the Fair Work Act or a specific dispute, we will refer you to a trusted employment lawyer.
Ready to Set Fair, Clear Boundaries?
The right to disconnect is really about respect: clear expectations on both sides, and a team that can switch off and come back refreshed. A little planning now saves a lot of friction later.
If you would like to talk it through, our door is open. There is no obligation and no jargon, just a straight conversation about your team and your obligations. You are welcome to get in touch for practical HR guidance, or read more about Tania and Trusted HR Solutions.
This article is general information only and does not constitute legal advice. For advice specific to your circumstances, please speak to a qualified professional or get in touch. This article was written by the team at Trusted HR Solutions, led by Tania Langler, a nationally accredited mediator and HR practitioner with over 25 years of experience across local and NSW state government, health, construction, not-for-profit and private sector organisations, and a member of the Australian Human Resources Institute (MAHRI). Trusted HR Solutions supports small and medium businesses across Coffs Harbour and the Mid North Coast.
References
- Fair Work Ombudsman, Right to disconnect, https://www.fairwork.gov.au/employment-conditions/right-to-disconnect
- Fair Work Ombudsman, Small business employees now have the right to disconnect, https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/august-2025/20250826-right-to-disconnect-starts-for-small-business-employees-media-release
- Fair Work Commission, Right to disconnect disputes, https://www.fwc.gov.au/workplace-disputes/other-workplace-disputes/right-disconnect-disputes
- Safe Work Australia, Psychosocial hazards, https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards
