Since 26 August 2025, the right to disconnect applies to small businesses too — so it now covers almost every workplace in New South Wales. Here is a clear, plain-English guide to what it does, what it does not do, and how to handle it well.
A phone displaying the words ‘pause and reset’ — switching off after hours. Photo: royalty-free and copyright-free, sourced from Pexels.
If you run a small business, or you work for one, a workplace change that began in 2024 now reaches you too. Since 26 August 2025, the right to disconnect applies to small business employers — those with fewer than 15 employees. It already applied to larger employers from 26 August 2024, so the right now covers almost every workplace in New South Wales.
The change has been widely misunderstood, so it is worth being clear about what it actually means — for both sides. This is general information only, not legal advice.
The right to disconnect lets an employee refuse to monitor, read or respond to work-related contact — or attempted contact — outside their working hours, unless that refusal is unreasonable. It covers contact from the employer and from third parties such as clients or customers.
Just as important is what it is not. It is not a ban on after-hours contact. An employer can still send an email or call after hours — for example, where something genuinely cannot wait. What the law protects is the employee’s ability to reasonably choose not to respond until they are next working, and to not be punished for that choice.
This is the heart of it. Whether an employee’s refusal is unreasonable depends on the circumstances, and the law requires certain factors to be weighed up, including:
No single factor decides it; they are weighed together. That is why clear expectations — set out in advance — matter so much.
For employers, this is mainly about setting expectations and being consistent. You can still contact your team after hours when you genuinely need to, but you cannot require an employee to respond if their refusal is reasonable, and you cannot treat them adversely for a reasonable refusal. A few practical steps go a long way:
If you are an employee, you now have a clear right to switch off outside your working hours in most situations — without fear of being disciplined for it. That does not mean ignoring a genuine emergency, and it does not change the hours you have agreed to work. If after-hours contact is becoming a problem, the first step is usually to raise it at work and try to sort out expectations together.
The system is designed to resolve issues at the lowest level first. If a disagreement comes up, the employer and employee should try to resolve it in the workplace. If that does not work, either party can apply to the Fair Work Commission, which can hold a conference and, if necessary, arbitrate and make orders — including orders to stop an employer requiring a response (where a refusal is reasonable), to stop adverse treatment, or to stop an employee unreasonably refusing contact. The Fair Work Ombudsman has a role in enforcing those orders, and penalties can apply for breaching them.
The Hills District and Western Sydney are full of small and growing businesses — trades, professional services, hospitality and retail — where the owner and the team are in regular contact. That is exactly where expectations about after-hours messages can become blurred. Getting this right protects both sides: employees get genuine downtime, and employers avoid disputes, claims and the cost and disruption that come with them.
Employment arrangements are an area Michael handles personally, advising businesses and employees across Baulkham Hills, Norwest, Castle Hill and the wider Western Sydney area. For employers, we can prepare a practical right to disconnect policy and update your contracts, brief your managers, and help you respond if a dispute is raised. For employees, we can explain your rights and help you raise and resolve a concern. If you would like clear, practical advice, you are welcome to get in touch.
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This article is general information only and not legal advice. Workplace laws and their application depend on individual circumstances, and the position described is current as at June 2026. For advice about your situation, please contact a qualified solicitor, and you can find official guidance from the Fair Work Ombudsman (fairwork.gov.au).
It is a workplace right that allows employees to refuse to monitor, read or respond to work-related contact (or attempted contact) outside their working hours, from their employer or a third party such as a client, unless the refusal is unreasonable.
It started on 26 August 2025 for small business employers (those with fewer than 15 employees). It began on 26 August 2024 for larger employers, so it now applies to essentially all employers in NSW.
No. Employers can still make contact outside working hours. The right protects an employee’s ability to reasonably refuse to monitor or respond to that contact; it does not prohibit the contact itself.
It depends on the circumstances. The law requires certain factors to be considered, including the reason for the contact, how the contact is made and the level of disruption it causes, whether the employee is compensated for being available or working extra hours, the nature of the employee’s role and level of responsibility, and the employee’s personal circumstances, such as family or caring responsibilities.
The parties should first try to resolve it at the workplace. If that does not work, either party can apply to the Fair Work Commission, which can hold a conference and, if necessary, arbitrate and make orders, including orders to stop certain conduct.
It is not strictly required, but a clear written policy and up-to-date employment contracts help set expectations on both sides and reduce the risk of disputes, particularly for roles that genuinely need some after-hours availability.
Whether you are an employer setting expectations for your team or an employee with a concern, Michael can help. Book a free, no-obligation consultation, or send an enquiry.