From August 2025 all business employers must comply with the “Right to Disconnect” provisions.

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What Do the Provisions mean?

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An employer cannot penalise an employee if that employee refuses to monitor, read or respond to contact or attempted contact (whether from an employer or a client or customer) outside their working hours.

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The provision doesn’t apply if the failure to respond/contact is unreasonable. What is unreasonable depends upon a number of factors.

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What Action should Employers take?

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Employers should, if not already done:

• Have a written Employment Agreement signed;
• Include in the Employment Agreement provisions as to what is agreed to be reasonable contact so that it is clear what is expected.

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What Should Businesses Do?

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By documenting what is reasonable both parties will have their exceptions met. On the other hand, not doing so will make it easier for an employee to argue that the contact isn’t reasonable, which could result in issues if an employer were to take action against the employee as a result.

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This approach helps protect both parties and avoid misunderstandings or potential legal disputes.

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Contact our Commercial & Corporate team at Mahons to have a confidential discussion regarding an issue you are facing in your business.