Key Contacts: Bláthnaid Evans – Partner | Cian Moriarty – Partner |
On 22 January 2026, the Workplace Relations Commission (the “WRC”) published an updated Code of Practice on Access to Part-Time Work (the “Code”) and replaced the previous 2006 Code of Practice. The Code is underpinned by the Protection of Employees (Part-Time Work) Act 2001 (the “2001 Act”) which states that part-time employees cannot be treated less favourably than comparable full-time employees.
Purpose of the Code
The purpose of the Code is to provide clear and practical guidance for all employers and employees on implementing part-time working arrangements which reflect the modern workforce. Part-time work supports employee wellbeing, work-life balance, and offers a valuable pathway into or back into the labour market.
Key provisions of the Code
1. Business and operational considerations: The Code emphasises that access to part-time work should be available to different levels in the organisation. However, the Code acknowledges the varying capacity of different organisations and that an employee’s request will be dependent on business and operational factors such as:
- increased costs (including but not limited to administrative, training, and recruitment costs);
- for smaller organisations, staffing difficulties which arise to accommodate part-time working; and
- day-to-day operations such as impact on service delivery and implications for full-time staff.
Employers should give consideration to requests by employees to transfer from part-time to full time work and vice versa having regard to the above factors
2. Policies and practices: The Code advises employers to consult with their employees and employee representatives (where applicable) in developing new policies or reviewing existing policies. These policies should specify how part-time working arrangements can be requested and if granted, how they will operate in the organisation.
The company should ensure that objective criteria is developed to determine the suitability of positions for part-time work.
3. Barriers: In assessing part-time work requests, the organisation should identify any barriers that might exist to part-time working arrangements, and how to overcome those barriers. In this regard, the Code sets out a non-exhaustive list of factors that might be taken into account, for example, whether there are any regulatory or licensing implications.
4. Recruitment: When recruiting new employees, the Code states that employers should consider the proposed content, status and position of vacant/new roles in the organisation to determine whether those roles could be performed on a part-time basis.
5. Training: The Code recognises that training can be an issue for part-time employees, given that they have less flexibility to attend training courses. The Code recommends that where feasible, employers should avoid scheduling training outside of part-time workers’ usual working hours.
6. Career progression: The Code recommends that organisations review their training, performance appraisal and promotion policies to ensure that there are no career development barriers, direct or indirect, to the progression of part-time workers.
7. Information: Employees who work part-time should not be disadvantaged when requesting information. The Code encourages employers to regularly review how information about available roles, whether part-time or full-time, is communicated to staff.
8. Non-penalisation: Employees who exercise their rights under the 2001 Act and the Code are protected against penalisation by their employer. Employees who move to part-time work should suffer no diminution of status or employment rights, with the exception of pay, benefits etc. (unless there are objective grounds).
Key takeaways for employers
The Code does not change the fact that under Irish law, there is no entitlement to part-time work. Applicants should be prepared to accept a refusal, provided there are good reasons for it as mentioned above. However, through the promotion of company policy development and workplace discussions, the Code does provide useful guidance in managing part-time working requests, thus expanding the scope of part-time working opportunities and contributing to a better work-life balance.
For further information on the Code or handling part-time working requests, please contact our Employment team via their details below.
This article was written with the assistance of Associate Marianne Norton.
