The Right to Disconnect: A 6-Month check-in for small business

It has been six months since the Right to Disconnect legislation extended to cover small businesses (fewer than 15 employees) on 26 August 2025.

Since then, your staff have held the protected right to refuse to monitor, read, or respond to contact outside their ordinary hours — unless that refusal is ​“unreasonable”.

It is important to remember that the legislation does not prohibit out of hours contact, but it does prevent businesses from disciplining or adversely treating employees who reasonably refuse to respond.

When this legislation first loomed, many small business owners felt significant apprehension. Would operations stall? Would clients be left hanging? Now that the dust has settled, it is the perfect time to review how these changes are playing out.

The Big Question: Have you properly updated your contracts and policies?

Updated contracts are important in clarifying the nature of an employee’s role and their responsibility, and the extent an employee is compensated to remain available or to work reasonable additional hours.

Policies are important for setting expectations of both employees and managers to avoid misunderstanding.

Are Your Managers Walking the Talk?

Policy is one thing; culture is another. You may have updated your employment contracts and handbooks back in August, but are your leaders using the right method of contact for the situation, being clear about why contact is being made, or are they unreasonably pressuring employees to respond?

What is ​“reasonable”?

The Right to Disconnect is not a ban on contact; it is a protection against unreasonable expectations. Friction usually stems from differing definitions of what is ​“reasonable”.

We have seen members navigating pushback in two directions:

• From Employees: feeling empowered to strictly ​“clock off” even when a genuine, time-sensitive emergency arises.
• From Clients: If accustomed to 24/7 access, they may be struggling with new boundaries.

Understanding the Factors of ​“Unreasonableness”

The Fair Work Act requires you to weigh several specific factors to determine if an employee’s refusal is reasonable:

• The Reason for Contact: Is it a genuine emergency?
• The Method: Was it a phone call that the employee must answer at that time? Or an email that they can respond to when they have a moment?
• Compensation: Is the employee paid an on-call allowance to be available? Or does their salary compensate them for working additional hours?
• Role & Seniority: Does their role and level of responsibility dictate that they should be reachable?
• Personal Circumstances: Does the employee have caring responsibilities or other personal circumstances that impact their ability to respond?

Need Support?

If you are navigating a tricky situation with an employee or need to verify if your communication practices are legally sound, we are here to help.

SA Business Chamber Business Advice Hotline: (08) 8300 0000

Member-exclusive advice to keep your business compliant and your culture healthy.