In a world where technology keeps us constantly connected, the line between work and personal life has become increasingly blurred. However, as of August 2024, Australian employees working for large businesses gained the legal right to disconnect from work outside regular hours.
The push stems from growing concerns about worker mental health and the blurring of boundaries between work and personal lives. Australians have faced the constant pressure of being accessible at all hours of the day, with advances in technology creating a “digital leash,” where employees are often contactable 24/7.
This law allows workers to refuse any work-related contact after hours without fear of retaliation — unless the request is deemed “unreasonable” — and is due to expand to include smaller businesses from August 26, 2025.
Why Do Small Businesses Have More Time to Prepare for the Right to Disconnect?
Small businesses have been given a longer lead time to adjust to these changes, with the law set to apply to them from 26 August 2025, one year after the deadline for larger businesses.
So, why the delay for small businesses?
Operational Differences
Small businesses often have a more flexible and informal structure compared to larger firms. This flexibility can sometimes lead to blurred boundaries between work and personal time, particularly in smaller teams where roles can overlap. By offering small businesses additional time to prepare, the government has recognised that these businesses may need more time to formalise policies and practices that larger companies may already have in place.
Resource Limitations
Small businesses typically have fewer resources to dedicate to the implementation of new policies and procedures. While larger firms often have dedicated HR teams and legal departments to help them navigate regulatory changes, small businesses may not have the same capacity. The extended deadline provides these businesses with more time to understand the legal implications of the Right to Disconnect and to seek advice from experts if necessary.
Gradual Implementation
The phased approach—first applying to large businesses and then to small businesses—allows the government to assess the effectiveness of the policy and make adjustments if needed. This gradual rollout ensures that small businesses are not caught off guard and can implement necessary changes based on the experiences of larger companies.
Support for Small Businesses
During this transition period, small businesses are encouraged to seek legal and business advice to ensure they remain compliant with the new law. Legal firms offer tailored support to help small businesses implement the necessary changes, which can be an essential resource for those with limited internal support systems.
In conclusion, the additional time allows small businesses to make the necessary operational and policy adjustments to comply with the Right to Disconnect law without jeopardising business continuity or employee satisfaction. It also provides an opportunity to put in place clear guidelines that protect both the business and its employees from potential confusion or conflict.
Exceptions to the Right to Disconnect
Common myths surrounding the Right to Disconnect include:
- Myth 1: Employers cannot contact employees outside of working hours.
- Reality: Employers can still contact employees outside of regular hours, but the employee has the right to refuse to respond if it’s unreasonable to do so.
- Myth 2: Employees on call or working overtime don’t need to respond outside working hours.
- Reality: Employees who are on call or working overtime may still be required to monitor or respond to work-related communication.
While the legal right to disconnect offers employees greater control over their personal time, there are some exceptions where employers and managers can contact their employees outside of regular hours:
- Reason for Contact: If the contact is crucial to business operations or if there are legal or regulatory obligations involved, out-of-hours contact may be permissible. Small businesses should identify critical scenarios where this applies to avoid confusion.
- Limited Disruption: If the contact becomes highly disruptive to an employee’s personal time, it could be considered unreasonable. Small businesses should implement policies to ensure they’re not overburdening staff.
- Compensated Overtime: In cases where employees are compensated for overtime, contact may be justified. Small businesses may need to reconsider their approach to overtime pay to ensure fair compensation and avoid potential conflicts.
- Job Role and Responsibility: Employees in senior roles or with specific responsibilities may be expected to remain available outside of typical working hours. Businesses can update contracts or implement clearer communication regarding roles and availability expectations to allow for communication outside regular hours.
However, employers should consider that employees with caregiving responsibilities may have a valid reason for declining contact outside regular hours, and may need to set up more accommodating work structures.
How to Prepare and Communicate Changes with Your Team
As the Right to Disconnect approaches for small businesses, it’s important for employers to proactively prepare their teams and communicate these changes in a clear and supportive manner.
Implementing new policies requires thoughtful planning to ensure a smooth transition, especially when it comes to setting expectations and fostering a positive workplace culture. Here are some steps to help businesses prepare:
1. Review and Update Policies
Start by reviewing your current work policies and practices to ensure they align with the new law. Consider adding a specific section to your employee handbook or updating your workplace agreement to reflect the right to disconnect. Be sure to outline what constitutes reasonable and unreasonable after-hours contact so there’s no confusion down the line. You should also include any exceptions to the rule and explain how overtime or on-call work will be handled.
2. Communicate Early and Often
Transparency is key when introducing any new policy. Start communicating the changes to your team as soon as possible to give everyone ample time to adjust.
Hold a meeting or send an email explaining the new right to disconnect and its implications. Use this time to address any concerns your employees may have and emphasise that their well-being is a priority. Remind them that while they have the right to disconnect, there may be situations when contact is necessary.
3. Encourage Feedback and Collaboration
Incorporating employee feedback will help ensure that the new policies are practical and fit your team’s needs. Consider conducting a survey or having one-on-one discussions with employees to understand how they feel about disconnecting from work after hours. Ask them about their current challenges, how they manage work-life balance, and whether they feel the new policy would improve their well-being. When employees feel included in the process, it can lead to higher engagement and cooperation.
4. Set Expectations for After-Hours Contact
It’s important to establish clear guidelines for when employees can expect to be contacted outside regular working hours. Make sure your team understands which circumstances warrant after-hours communication, such as emergencies or time-sensitive tasks. For employees in key roles or with specific responsibilities, it may be necessary to make exceptions, but these should be communicated transparently and with appropriate compensation where applicable.
5. Monitor and Adjust as Needed
Once the policy is in place, keep an eye on how well it’s being received and whether it’s working in practice. Are employees respecting after-hours boundaries? Is the workload manageable? Be open to making adjustments as needed to improve the implementation of the right to disconnect and ensure a healthy balance between work and personal life.
By preparing for and effectively communicating these changes, businesses can ensure a smooth transition to the new law. Not only will this help comply with legal requirements, but it will also signal to your team that their mental health and work-life balance are a top priority.
A Positive Step for Employee Satisfaction
The introduction of the right to disconnect is a critical step in protecting Australian workers’ mental health and ensuring they can enjoy their time off without the constant worry of work-related contact. With this law, workers now have the freedom to set clear boundaries between their work and personal lives, promoting a healthier, more balanced approach to work — however, the change may take some getting used to for both employers and employees.
As businesses continue to navigate these changes, one thing is clear: the right to disconnect is about more than just law; it’s about creating a culture where employees feel valued and respected. To stay on top of all the changes occurring in 2025 and beyond, download our eBook.
