Right to Disconnect for Small Business Employees Starts 26 August 2025

| August 21, 2025

From 26 August 2025, small business employers will be covered by new workplace laws.

Employees will have the right to disconnect and eligible casuals will gain access to the “employee choice” pathway to convert to permanent employment.

Right to Disconnect

Employees can refuse to monitor, read, or respond to work contact outside their hours, unless it is unreasonable to do so. What counts as “unreasonable” will depend on the circumstances. Employers should set clear expectations and have procedures in place to deal with disputes, which may be escalated to the Fair Work Commission.

Employee Choice Pathway

From the same date, eligible casuals can notify their employer in writing if they want to move to permanent full-time or part-time work. Employers must respond and can only refuse in limited circumstances. 

Steps for Employers

• Review contracts, rosters, and policies to align with the new laws. 

• Train managers on after-hours contact and casual conversion requests. 

• Communicate clearly with staff to avoid misunderstandings and disputes. 

Why It Matters

These reforms increase compliance obligations and create new risks if not managed well. Taking proactive steps now will help employers stay compliant, reduce disputes, and maintain a positive workplace culture. 

Final Thoughts

The upcoming changes introducing the Right to Disconnect and the Employee Choice pathway mark a significant shift in employee rights and employer responsibilities, especially for small businesses.

With increased obligations and new dispute risks, it’s important that employers take proactive steps before 26 August 2025. Clear policies, updated contracts, and well-informed managers will be essential in navigating these changes with confidence and avoiding unintended breaches.

At IRiQ Law, we help organisations build safer, compliant workplaces through policy design, investigation support, and legal guidance. If you need help reviewing your procedures or workplace processes, contact our team today.