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On 24 August 2024, the Right to Disconnect laws came into effect for large businesses, and from 26 August 2025, these laws will extend to include small businesses.
It’s fair to say that these changes have caused a bit of confusion — and in some cases, a touch of panic — among employers. Many business owners are now asking, “How will this affect how we operate?”
The truth is, for most businesses, there’s rarely a need to contact employees outside of their normal working hours. But for others, after-hours contact is sometimes essential.
Think of a trades-based business that needs to reach an employee for an urgent client call-out. Or a situation where a workplace incident impacts the next day’s work schedule and employees need to be notified.
Here’s the key point: it’s not unlawful for an employer to contact an employee after hours.
What’s changed is that employees now have the right to refuse to read messages, take phone calls, or respond to contact outside of work hours — if the contact is unreasonable.
So, what does unreasonable really mean?
If an employee is rostered on call as part of their role, it’s likely that contact during that period is reasonable. Likewise, contacting employees to advise of a safety issue or a significant change to the work environment would also be considered reasonable.
The challenge is that “reasonable” will look different for every business — and even for different roles within the same business.
So, how do you stay compliant and keep your business running smoothly?
The answer is simple: communication is key.
Every business should establish clear policies and processes around workplace communication. This means asking:
- What are our methods of communication?
- When is it appropriate to contact team members?
- What are our expectations around responding to messages or calls?
These expectations can be set out in a Right to Disconnect Policy or incorporated into a broader Communication Policy — which often achieves the same intent without creating unnecessary anxiety around the term “disconnect.”
Once you’ve documented your expectations, it’s critical to communicate them clearly to your team. This ensures a shared understanding and consistency across your workplace.
And don’t forget your clients, suppliers, and other stakeholders. The legislation also protects employees from being expected to respond to after-hours contact from third parties. Setting clear boundaries with these groups will help avoid confusion and maintain professional, respectful working relationships.
At the end of the day, this isn’t about stopping communication — it’s about setting healthy, reasonable boundaries that work for everyone.
If you’d like support interpreting the new legislation or developing a policy that fits your business, we’re here to help.
Call us today on 07 3630 5695 for your free phone consultation or email success@bramwellpartners.com.au and get tailored HR advice for your business
