If you’re a small business owner who likes to fire off the odd midnight email, it’s time to rethink your habits. From 26 August, the Right to Disconnect laws officially extend to small businesses, meaning your team has every right to ignore after-hours calls, emails and pings without fear of payback.

The rules, which already apply to bigger companies, are designed to give Aussie workers a proper break from the ‘always on’ culture that’s crept into modern work life. But fresh research from HR software provider ELMO shows there’s still a big gap between the law and what’s actually happening on the ground.

Disconnect? What’s that?

According to ELMO’s latest Employee Sentiment Index, only three in ten workers feel truly comfortable ignoring out-of-hours work contact. That’s despite the fact they’re legally protected.

Nearly two in five workers admit they still feel pressure to be ‘always available’, and one in six say they’ve actually faced negative consequences for not replying after hours, from having their commitment questioned to being overlooked for pay rises or promotions.

It’s little wonder, given that only 30 per cent of employees feel economically secure right now. When job security feels shaky, many people work longer and harder just to prove their worth.

“Sustained performance doesn’t come from longer hours, says ELMO CEO Joseph Lyons. “It comes from clarity, focus, and the freedom to deliver outcomes without needing to be always visible.”

Gender and generational divides

Interestingly, Gen Z workers are the most likely to say ‘nah, I’ll deal with it tomorrow’, while Baby Boomers are far less inclined to ignore a late-night ping. According to the research, women are significantly less comfortable switching off compared to men.

How small biz will be impacted

With fines of up to $18,000 for bosses who flout the rules, it’s worth getting your house in order before the 26 August deadline. Fortunately, compliance doesn’t have to be complicated.

Start by putting things in writing. Have a clear policy that spells out what’s urgent and what can wait. Then look at how you use technology: scheduling emails to send during work hours and creating separate channels for genuine emergencies can make a big difference. Just as important is the example you set. If you don’t want staff replying at 10pm, don’t ping them at 10pm. And finally, keep the conversation going. Regular check-ins about workload and expectations can ease the pressure to be ‘always on’ without anyone feeling they’re letting the team down.

The bigger picture

The research shows that while 60 per cent of employees reckon their employer supports their right to switch off, a quarter think it’s just lip service. For small businesses, that’s a chance to stand out: building trust and respecting boundaries could become a real selling point for attracting and keeping great staff.

Lyons says the legislation isn’t just about dodging penalties. It’s about reshaping workplace culture for the long haul.

“Forward-looking organisations are using this moment to recalibrate – to support people to do their best work, without burning out.”

So, if you’re a small business owner still glued to your inbox after hours, here’s your reminder: sometimes the best thing you can do for your business is to switch off.

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