The Right to Disconnect: What Small Businesses Can Learn Before 1 August
If you’re a small business, the Right to Disconnect legislation might’ve flown under the radar—until now. From 1 August 2025, it will formally apply to businesses with fewer than 15 employees. At Nine Yards, we believe this shouldn’t be another compliance tick box exercise. It’s an opportunity to reinforce your desired culture.
Since the legislation first passed in early 2024 and began applying to larger employers in August that year, we’ve seen some common threads emerge—both in challenges and wins.
So, what can small businesses learn from those who’ve gone first?
First, a quick recap: What is the Right to Disconnect?
Under the Fair Work Act, employees now have a protected right to disconnect from work outside of their scheduled hours. This was introduced in an aim to protect workers wellbeing, work-life balance and mental health in an increasing ‘always on’ digital work culture.
We’ve all been there – receiving an email from a colleague late at night and feeling the pressure to log on and respond is a real dilemma workers face, and one this legislation aims to prevent.
Essentially, this law means workers can refuse to respond to unreasonable work communications (calls, texts, emails, Slack pings) outside their usual working time.
“Unreasonable” is the key word here. The law recognises there are exceptions like emergencies, or roles where being on-call is part of the gig. But unless there’s a good reason, people have the right to switch off.
From 1 August 2025, this will extend to small businesses too.
What we’ve seen so far
Whilst there hasn’t been an influx of cases, there has been one citing of the new legislation in Unfair Dismissal case in Queensland which has yet to be heard (Sacked teacher uses new “right to disconnect” to sue former employer for $800,000).
For larger organisations, implementing the Right to Disconnect has been about more than just writing a policy. It has been an opportunity to think about how work gets done, how leaders manage expectations, and how digital tools shape our day-to-day.
Here’s what’s stood out:
Opening up the conversation. The new legislation encouraged businesses to think about how they work and have open discussions about boundaries, workload and unrealistic expectations.
Managers make or break it. Inconsistent manager behaviours are a common friction point. Some lead by example and set clear expectations. Others unintentionally blur boundaries by sending that “just quickly…” message at 9pm. Having an approach for your business that allows for the nuances of your sector and roles is key.
Tools need guardrails. Tech doesn’t have an off switch, but businesses do. Those that succeeded adjusted notification settings, used scheduling tools, and offered guidance on platform use after-hours. Most importantly, having leaders role model the desired behaviours sets the tone for the organisation.
Flexibility still matters. It’s not about being rigid. Many teams adjusted their ways of working for them. For example, allowing early morning work but pausing comms until 9am, or agreeing on blackout periods after 6pm. Some even encouraged statements in email signatures along the lines of ‘I sent this email at a time that suited me. Please respond during your work hours’. These examples all help in ensuring a balance between boundaries and getting the work done.
For small businesses, here’s what we suggest
You don’t need layers of red tape. But you do need to start the conversation. Here’s how:
Sense check your current culture. Are after-hours emails the norm? Is a response expected? Do people apologise for taking time off? Those are red flags.
Talk to your team. What does “disconnecting” look like in your context? Are there roles or situations where exceptions need to be clarified?
Set expectations, together. Co-create a simple set of principles. It might be: “We don’t expect responses outside of hours unless urgent” or “Use delay-send for after-hours emails.”
Lead by example. If you’re sending messages on a Sunday, you’re setting a standard, whether you mean to or not.
This is about trust, not timekeeping
At its core, the Right to Disconnect is about mutual respect. It recognises that people do better work when they can switch off and recharge and that boundaries support long-term performance, not hinder it.
Small businesses have a unique opportunity to embed this well from the start, without the complexity of scale. Need help designing a ways of working approach that enables your team to thrive? We’d love to chat.