As for small business employers the law on “Right to disconnect” came into force on 26 August 2025. A small business is one which has less than 15 employees, and this will include all part-time, full-time and casual employees.

What is the “Right to Disconnect”?

It is a protected right under the general protections regime which means an employee will have a right to refuse to monitor, read or respond to any contact or attempted contact from their employer outside of their ordinary work hours.

Forms of attempted contact will include communications via email, call, text, or any other messaging platforms.

This right will also include any attempted contact from third parties trying to get hold of an employee for work-related matters outside of the employee’s ordinary work hours.

As a result of this upcoming right, employers must be aware that they cannot take adverse action against an employee for reasonably refusing contact outside of their working hours. Factors that may be considered in determining whether the right to disconnect has been breached are:

• The reason for the contact or attempted contact;
• How the contact or attempted contact was made, and the level of disruption it caused the employee;
• The extent to which the employee is compensated for being available or working those additional hours when the contact or attempted contact was made;
• The nature of the employee’s role and their level of responsibility; and
• The employee’s personal circumstances (including family or caring responsibilities).

The Fair Work Commission has jurisdiction to hear disputes in relation to the right to disconnect. Both employers and employees will be able to go to the Fair Work Commission to seek orders on this right. However under the new law the employee and employer must hold workplace level discussions in the first instance to try and resolve their dispute.

If you think your right to disconnect has been breached please get in touch with us – your first phone call will always be free.