From August 26, 2025, small business employers, including those with award-covered employees, will be officially covered by the new Right to Disconnect laws. 

These laws give employees the right to refuse to monitor, read, or respond to calls, emails, messages, or other contact outside of working hours, unless it’s unreasonable for them to do so. This includes contact from employers, clients, suppliers, or any other individuals.

Is your business ready to manage the changes?

There’s been a lot of confusion about what the right to disconnect means, so here’s some myth busting based on common claims:

Myth 1: “It’s now illegal to contact employees outside their work hours.”

Reply: You can still contact staff, but they have the right to ignore it unless their refusal is unreasonable (e.g., emergencies, on-call duties, or if they’re compensated).

Myth 2: “If someone’s on call, they can still refuse to respond.”

Reply: If an employee is paid an on-call allowance, they’re expected to respond; the right to disconnect doesn’t override that.

Myth 3: “We’ve included reasonable additional hours in the contract, so we’re covered.”

Reply: Even with that clause, refusal to respond must still be judged on a case-by-case basis, taking into account the role, pay, personal circumstances, and the level of disruption caused by the contact.

Myth 4: “We’ll deal with it if someone complains.”

Reply: Leaving it too late can lead to misunderstandings, complaints, or even disputes. Proactive planning helps everyone stay aligned.

Important to know:

It’s not unlawful for you to contact employees after hours. Still, employees have the right not to respond, unless their refusal would be unreasonable (e.g. they’re on call, it’s an emergency, or they’re compensated for availability). 

Now’s the time to:

• Review your policies on out-of-hours contact
• Talk to staff about expectations and preferred contact methods
• Update position descriptions, contracts or internal docs as needed
• Provide training to help managers and staff navigate these changes

NEED HELP, PARTICULARLY IF YOU HAVE AN AFTER-HOUR CALL-OUT OBLIGATION TO CLIENTS? RING JOHN ON 0407 069 507.