A practical guide for small businesses managing after-hours communication in 2026
The Right to Disconnect is one of the most important workplace changes affecting small businesses in Australia.
For years, after-hours messages were a part of running a business. A quick text. A late-night email. A message asking someone to “just check something quickly.” These habits were normal in many workplaces.
However, from 26 August 2025, that informal culture changed.
Under the Fair Work Act, eligible employees working for small business employers now have a statutory Right to Disconnect. This means employees can refuse unreasonable work-related contact outside their working hours.
This includes the right to refuse to monitor, read, or respond to work-related communications when doing so would be unreasonable in the circumstances.
For small businesses, this change introduces new expectations around communication, policies, leadership behaviour, and employee boundaries.
What the Right to Disconnect means for small businesses
The Right to Disconnect allows eligible employees to refuse contact, or attempted contact, outside their working hours if the contact is considered unreasonable.
This does not mean all after-hours communication is prohibited. Businesses may still contact employees when it is reasonable to do so.
However, the law requires employers to consider factors such as:
- The reason for the contact.
- The employee’s role and level of responsibility.
- How the contact was made.
- Whether the employee is compensated for being available.
- The impact on the employee’s personal time.
For many small businesses, the challenge is not whether communication occurs, but whether expectations around communication are clearly defined and consistently applied.
Why Does a Clear Policy Matter?
A Right to Disconnect policy should not be a generic statement about respecting work-life balance.
Instead, it should clearly explain:
- Ordinary working hours and expected availability.
- What types of contact may occur outside working hours?
- What situations are considered urgent or escalated?
- Who is authorised to make after-hours contact?
- How employees can raise concerns about unreasonable contact.
- How client expectations are managed and communicated.
Without clear policies and internal alignment, even casual communication can become a compliance risk.
Download our Right to Disconnect Guide
This article provides a high-level overview of the new rules.
For a deeper understanding, VeiraMal has created a comprehensive guide to help small businesses navigate the Right to Disconnect.
Simply fill in the contact form below, and we will send you the download link.
Inside the guide, you will learn:
- What is the Right to Disconnect?
- Why this change matters for small businesses
- Common risk areas where “just a quick message” becomes a compliance issue
- What counts as “unreasonable” contact under the law
- What small businesses should do now to reduce risk?
The guide provides practical insights to help organisations create clear policies and manage after-hours communication responsibly.
Book your free Right to Disconnect Compliance Review.
If you would like personalised guidance, VeiraMal is offering a Free 30-Minute Right to Disconnect Compliance Review.
This session includes:
- A high-level review of your current after-hours communication practices
- Clear guidance on Right to Disconnect obligations and what “reasonable” contact looks like in practice
- Practical recommendations tailored to your organisation’s size, industry, and operating model
Book your review today: Visit Our Contact Page or email info@veiramal.com.au
At VeiraMal, we help organisations turn complex workplace regulations into practical systems that protect both employees and businesses. If you want to strengthen compliance and create clearer workplace expectations, we would be happy to help.
