Right to Disconnect for Small Businesses: Your 26 Aug 2025 Compliance Guide

From 26 August 2025, the Right to Disconnect legislation will apply to small businesses.

Every employer with fewer than 15 staff must respect the Right to Disconnect legislation starting from 26 August 2025. It means your team can ignore calls, emails, pings, or other contact that happen outside of work hours, unless the refusal is unreasonable. In this blog, we unpack what the law actually means, what we’re already seeing in a real-life case, and what you can do to stay compliant and protected.

What does the Right to Disconnect actually mean?

The law lets employees refuse to monitor, read, or respond to work-related contact outside their regular working hours unless the refusal is unreasonable. It’s not just employer messages that fall under the Right to Disconnect: third-party contact, like calls or messages from clients or contractors, also counts.

Failing to comply can open small businesses up to risk, with court penalties of up to $19,800 for individuals or $99,000 for a company.

Want a summary you can share with your team? Download our Right to Disconnect Fact Sheet 2025.

Real-life example of the Right to Disconnect in action

We’re already seeing test cases hit the media.

A Queensland primary school teacher is suing her former employer for $780,000. She’s claiming that she was unfairly dismissed after not responding to messages sent to her while she was on school holidays.

It’s the first public legal test of the Right to Disconnect. Legal experts are warning managers that disciplining staff for exercising their right could trigger claims.

The Right to Disconnect is more than legislation that only exists on paper.  This case is telling us that employers need to get boundaries, policies, and allowances in order and compliant with the law…or run the risk of hefty fines.

FAQs for business owners

1. Does the legislation apply to casuals? Yes, the Right to Disconnect applies to casual workers. Casuals can refuse contact outside their agreed rostered hours.
2. What if employees are being contacted for emergencies? Safety, security, or urgent client deadlines usually make the contact a reasonable one. Ensure there’s documentation on why the contact was warranted.
3. Do contractors get the same right? No. However, a business is opened up to risk if an employee is mis-classified as a contractor.
4. Can I pay an allowance to keep team members on call? Yes, but be sure to document the arrangement clearly, including the hours that they’re on call.

Need a checklist to make sure you’ve done all the steps to stay compliant, keep communication clear, and protect your business from disputes? Get our Right To Disconnect Checklist.

Don’t have a Right to Disconnect policy yet?

If you find yourself needing a policy that covers your small business, we’ve got you. Our team can:

• Review current contracts and communication habits
• Insert compliant policy language in existing documentation
• Conduct a virtual training session or manager briefing

Get compliant before the 26 August 2025 deadline. Book your discovery call with us today.