The right to disconnect is when employees, have the right to refuse to monitor, read or respond to contact (or attempted contact) outside their working hours, unless doing so is unreasonable. This includes contact (or attempted contact) from an employers or a third party.
Now Applies to SME businesses as well.
From the 26 August 2025, the right to disconnect clause will expand to include small business employers and their employees, with an amendment to the Fair Work Act 2009.
Small businesses, by definition, have a head count of less than 15 employees – it is a simple head count – does not matter if employees are full time; part time or regular casual.
The term ‘Right to Disconnect’ will be added to all 155 modern awards, predominantly impacting casual and part-time workers as well as full-timers.
You can protect yourself from right to Disconnect claims through ensuring that the remuneration your employees receive has enough ‘buffer’ included to compensate for any required contact outside of normal working hours.
This is then supported by contractual clauses that advise employees that they are being remunerated for any reasonable outside of working hours contact.
Of course consultation with your employees is the number one aspect in all workplace relationships. Good communication backed up by solid documentation can make the workplace a happier and safer place for all in regards to clarity around contact.
It is important to check your award as it may contain clauses that clarify how the right to disconnect works with emergency roster changes, stand-by and call backs. So, don’t forget to check your award and enterprise agreements for any additional provisions that may affect YOU!
Should your employee refuse to respond to your out of work hours contact, it is important that you seek professional advice from qualified HR Advisors before you take any action, such as we are seeing now being played out with a claimant seeking $730,000 in lost income as well as $50,000 for hurt and humiliation based on actions taken from an employee refusing to respond.
CIRCLE HR can help you update your employment contracts to protect your business. We can help you understand if your remuneration level allows for contact outside of work hours, able to add terms/clauses into contracts.
Kathryn MacMillan CEO CIRCLE HR
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