In August 2024, the government introduced the ‘Right to Disconnect’ legislation, which provides employees with the legal right to refuse contact from their employer outside of agreed working hours.
Previously, this legislation applied only to businesses with 15 or more employees. However, from 26 August 2025, the same rights will extend to employees in businesses with fewer than 15 employees, making compliance mandatory for all Australian businesses.
Employees now have the right to refuse to monitor, read, or respond to any contact (or attempted contact) outside of their regular working hours.
While employees are expected to exercise this right reasonably (e.g., if refusing to respond would impede their ability to perform their duties), employers must also consider the entitlements of their staff.
Whether a refusal is deemed unreasonable will depend on various factors, including:
- The reason for the contact
- The nature and responsibility level of the employee’s role
- The employee’s personal circumstances
- The method and extent of disruption caused by the contact
- Any additional pay or compensation received for working outside of regular hours or remaining available to do so
If your business regularly contacts employees outside of their agreed working hours, you will need to cease this practice. It is essential to establish an effective communications strategy and ensure the methods used align with the ‘Right to Disconnect’ requirements.
We recommend discussing the implementation of a compliant employee communications process with our team to ensure you are fully prepared for the 26 August 2025 deadline.
