The “Right to Disconnect” Is Now Law for Small Business. Here’s What It Actually Means
Send a text to staff about tomorrow’s roster on a Sunday night? Technically, they can ignore it. Legally.
The right to disconnect now applies to small businesses across Australia, and it’s been one of the most talked-about workplace changes in years. Some business owners see it as common sense. Others worry it makes running a small team harder than it already is.
Either way, it’s law. Here’s what it actually means, what counts as “unreasonable,” and how to stay on the right side of it.
What the Right to Disconnect Actually Says
In plain terms, employees can refuse to monitor, read, or respond to work contact outside their working hours, without facing penalty for it.
That includes phone calls, texts, and emails. It applies to small businesses with fewer than 15 employees, the same as it already applied to larger businesses.
The key word in all of this is “unreasonable.” Employees can refuse contact unless that refusal would be considered unreasonable given the circumstances, which is where most of the confusion actually sits.
So, What Counts as “Unreasonable”?
This is the part business owners genuinely want clarity on, and it’s also the part that resists a simple checklist.
Genuine emergencies are the clearest example where a refusal to engage would likely be considered unreasonable. A roster changes three days out, sent at 9pm on a Sunday, sits in much greyer territory.
The reality is these gets assessed case by case, based on factors like the employee’s role, how the contact was made, and whether they were compensated or expected to be available. There’s no single rule that covers every situation.
Why This Matters Even If You Rarely Contact Staff After Hours
Some business owners assume this doesn’t apply to them because they don’t typically message staff outside work hours anyway.
That’s missing the point slightly. The risk isn’t really about whether you contact people after hours. It’s about whether your business has clear, documented expectations in place if a dispute or complaint ever arises.
Without a policy, “reasonable” becomes whatever gets argued after the fact, which is a far worse position to be in than having clarity upfront.
What Penalties Actually Look Like
This isn’t a symbolic law. Non-compliance carries real financial consequences.
Individual employers can face penalties per contravention of a Fair Work Commission order related to the right to disconnect, while penalties for incorporated businesses are significantly higher. These aren’t theoretical figures. They’re enforceable through the Fair Work Commission’s dispute resolution process.
For a small business, even a single contravention is a meaningful cost, well beyond just reputational damage.
What Small Businesses Should Actually Do
Put a simple policy in writing. Define what counts as genuinely urgent contact and what can wait until business hours.
Don’t rely on assumptions. What feels obviously urgent to you as the owner may not be obvious, or reasonable, from an employee’s perspective.
Use scheduling tools where you can. Most email and messaging platforms let you draft after-hours and schedule for business hours, which avoids the issue entirely in non-urgent cases.
Lead by example. If you expect staff to disconnect, modelling that yourself makes the policy credible rather than performative.
Document genuine emergencies separately. If your industry has real after-hours emergencies, define what qualifies clearly, so it doesn’t get treated the same as routine contact.
Frequently Asked Questions
Does this mean I can never contact staff outside work hours? No. It means employees can reasonably refuse to engage, not that contact itself is banned. Genuine emergencies are treated differently from routine messages.
Does this apply to casual employees? Generally, casuals engaged on a regular and systematic basis are included when counting employee numbers and are covered by these protections.
What’s the safest first step for a small business? A short, clear written policy on after-hours contact expectations. It’s the single biggest factor in avoiding disputes down the track.
Can an employee be penalized for refusing reasonable contact? No, provided the refusal is genuinely reasonable given the circumstances. Determining “reasonable” is where most disputes actually arise.
Get Your Workplace Policies in Order Talk to Edulink
Compliance isn’t just about pay rates and super. Clear, documented workplace policies protect your business just as much as accurate payroll does.
Edulink Payroll Services charges $750 per employee, per year, covering payroll, compliance, and reporting, for small and medium businesses across greater Sydney and Campbelltown.
Have more employees? Call us for a discounted rate.
📞 Call us today: 04 044 71 816
Edulink Payroll Services | Campbelltown & Greater Sydney | Call 04 044 71 816
Leave a Reply