THE RIGHT TO DISCONNECT – WHAT SMALL BUSINESSES NEED TO KNOW

Drive by Friday

Drive by Friday –

 

From this week, employees in small businesses (fewer than 15 workers) officially have the right to disconnect. In simple terms, staff can refuse to answer calls, emails, or messages outside of their regular hours — unless the contact is considered reasonable.

 

This follows changes rolled out to medium and large companies last year, and it’s a big cultural shift for many workplaces, especially small businesses where owners and employees often wear multiple hats.

 

So, what actually counts as reasonable contact? The Fair Work Commission considers things like:

 

  • The urgency of the matter – is it an emergency, or could it wait until tomorrow?

  • The employee’s role and pay level – senior managers may reasonably be expected to deal with more after-hours issues than junior staff.

  • Personal circumstances – Someone with caring responsibilities may be less available outside hours.

  • The frequency of contact – once in a while might be okay, but constant interruptions are not.

 

The challenge? Defining “unreasonable” can feel like a grey area. The most effective way to manage this is to have open conversations and agree on shared expectations.

 

Here are some practical steps small business owners can take:

 

Have a team discussion. Sit down with staff and ask: What level of contact feels reasonable after hours? Is it just emergencies? Client needs? Deadlines?

  • Create a simple policy. Even one page is enough. For example:

    “No expectation to reply to emails after 6pm.”

    “Only urgent client issues will be escalated by phone.”

    “Text messages may be used for last-minute rostering changes.”

  • Lead by example. If managers or business owners are constantly sending late-night emails, staff will feel pressured to respond. Use email scheduling tools or set boundaries yourself.

  • Regular check-ins. Revisit the agreement. Maybe it’s working, maybe it needs adjusting. It doesn’t need to be a one-time conversation.

  • Balance flexibility. If staff occasionally take a call after hours, there might be give-and-take during the day (leaving early for a family commitment, for example).

 

Why it matters: This isn’t just about compliance. Respecting downtime helps reduce burnout, improves productivity during actual work hours, and builds stronger trust between employers and employees.

 

The bottom line? The right to disconnect is really about the right to recharge. By setting clear expectations now, small businesses can protect their people and keep operations running smoothly.

Switching off after hours isn’t slacking off — it’s recharging.”

 “Clear expectations today prevent blurred lines tomorrow.”

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lorraine@simpli-u.com.au

Director & Consultant, Simpli-U | Provider of Recruitment Solutions for the Novated Leasing, Salary Packaging & Automotive sector | Australia-wide | Solutions that are all about 'U' (Clients and Candidates)

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