The Right to Disconnect legislation is in force for small business from August 26, 2025. It’s been operating for big business for a year, so plenty has been written about it. The headlines tell us it’s bad for business, not in touch with reality, defending the employee, and mollycoddling workers.
Which side of the fence you’re on doesn’t matter, the new law means there’s a lot you now need to consider.
The intent of legislation is to stop employers exploiting employees and crossing boundaries contacting them out of work hours. But the power imbalance inherent in organisations and the pressure of business means many won’t change their way of working.
Bosses will continue to feel the need to get things done and expect the same of their workers. And employees will continue to fear the consequences of not doing what is asked. Clients will always make demands that they expect to be passed on.
Which means businesses need to manage a now even more tricky situation. How to meet those demands and comply with the law at the same time. The law is clear, but the implications are humanly messy and need careful but deliberate handling.
A key consideration is what you really want from your employees. Is their availability at all hours the most important thing, or do you want them to step up when it really matters? If it’s the former, you’re probably heading for resentment and burnout. If it’s the latter, they’re likely to do so with far greater commitment and enthusiasm if they’re not already burnt out.
If employees are fulfilling what they see as unreasonable demands on a regular basis out of fear of a dressing down or a bad performance review, the most likely outcome is disengagement. From that follows resignation and from multiple resignations comes a poor employer reputation and greater difficulty in replacing the lost workers.
This a management issue that requires objective oversight and strategic thought. Firstly, what’s happening now? Are you aware of the demands made on your employees, who’s making them, and in what circumstances? This knowledge is not always easy to find,but is important to guide how you handle the situation.
You will need clear policies and the relevant procedures that make sure they are enacted, as well as what happens if the policies are breached. These need to be shared and readily available to everyone. But more than that, you need to have the right conversations.
Are your leaders clear about your expectations? In many organisations policy is one thing, but reality is another. Is your culture determining behaviour rather than your policies? Do you have a plan to change the culture?
Now, more than ever, it’s important that your leaders and your people are clear about what, in your business, constitutes those legal definitions of ‘reasonable’ and ‘emergency’.
The risk for the business isn’t just action by Fair Work, it’s the loss of staff, reputation, and therefore clients. That’s the ultimate disconnect.
