External Email Access v. Working Time Regulations – What Should Employers Do?

The recent Labour Court decision of Grainne O'Hara v Kepak Convenience Foods Unlimited Company which was a cross appeal by both parties, has caused widespread concern amongst employers.

The employee submitted evidence of emails between her and her former employer that were sent on a regular basis after 5pm and up to midnight, and other emails which showed contact after midnight and before normal starting time. The Respondent did not provide a full file of her emails and could not rebut her email evidence. The Respondent's failure to keep proper records of her working hours and its failure to monitor and curtail her excessive working hours, was determined as permitting the Complainant to work in excess of the statutory maximum of 48 hours per week and she was awarded €7,500.