The Workplace Relations Commission has recently published an updated Code of Practice on Access to Part-Time Working (see Code here) (the “Code”). Commenting on the Code, Minister of State for Small Businesses, Retail and Employment, Alan Dillon noted that it is “a reflection of the Government’s commitment to expanding flexible working options and more inclusive labour market participation.” Key changes introduced by the Code have been included to reflect changes brought in by the Work Life Balance and Miscellaneous Provisions Act 2023 (see our article here).
The Code is underpinned by the Protection of Employees (Part-Time Work) Act 2001 (the “2001 Act”), although it does not create new legal rights and there is no statutory entitlement to part-time work in Ireland. Instead, the intent of the updated Code is to provide practical guidance for employers and employees to agree part-time working arrangements that support a modern, flexible and inclusive workplace.
The 2001 Act defines a part-time employee as “an employee whose normal hours of work are less than the normal hours of work of a comparable employee (in relation to the part-time worker) in the employment”.
Key Provisions of the Code
General Principles - Encouraging Flexible and Part-Time Work
It remains a key principle of the Code that part-time work should, as far as possible, be available across different levels of an organisation. Aligned to this, employers should consider requests from employees to transfer from full-time to part-time work (and vice versa). Employees who wish to transfer from full-time to part-time should not suffer any detrimental change to status or employment rights except in relation to pay and benefits (unless objectively justified). The updated Code repeats that the pro-rata principle should apply in relation to pay and benefits of the part-time worker as compared to an employee who is a comparable employee in the employment in relation to him or her.
The Code recognises that the business and operational context of the employer as well as economic competitiveness are a key considerations on the ability to introduce or improve existing part-time working arrangements. In this regard, factors to be considered include:
- increased administration, training and recruitment costs;
- capacity of smaller organisations to accommodate part-time working or to replace staff who are so facilitated; and
- day-to-day operations such as impact on service delivery and implications for full-time staff.
Where there are potential barriers to part-time working in an organisation, employers will be expected to keep these barriers to a minimum and consider measures to overcome them.
Policies and Practices
The Code recommends that access to part-time work is considered in the same context as policies and practices relevant to a modern workplace e.g. promotion of flexible working, equal opportunities and improving work life balance.
Many employers will have introduced flexible working and/or hybrid working policies in recent years and the Code recommends reviewing such policies to allow for effective access and performance of part-time working. If no such policies exist then the Code recommends that they should be introduced by employers. Changes or introduction of new policies and practices should be done in consultation with employees and employee representatives.
Employers should develop objective criteria that can be used to determine the suitability of positions for part-time working. This assessment should consider:
- Demand for part-time working in an organisation. If such demand exists, can work be organised differently to facilitate part-time working?
- Process for dealing with a request for part-time working.
- Business implications of introducing or expanding part-time working including regulatory matters, impact on workloads and whether there are benefits and opportunities arising from increasing access to part-time work.
- Implications for employees if there are barriers to part-time work e.g. demotivation, poor morale, poor retention levels.
- Employment Equality Act implications - applications for part-time working should be considered in accordance with the legislation and internal policies on equal opportunities and work life balance.
Prudent employers should document the criteria considered and the outcome of any assessment process.
Process for Requesting Part-Time Working
The Code recognises that the changing of working hours is a matter between the employer and employee rather than a statutory entitlement. However, the updated Code makes references to an employers’ obligations under section 16 of the Employment (Miscellaneous Provisions) Act 2018 in relation to banded working hours.
Employers should consider establishing a procedure for such applications as outlined:
- An application by the employee – where the application is for flexible or remote working, these should be considered under the Code for the Right to Request Flexible Working and Remote Working;
- Relevant consultation and discussion including the personal and family needs of the applicant, the business and operational needs of the employer, duration of the arrangement etc;
- Decision and response within a reasonable timeframe; and
- Managing the outcome (implementation or refusal) including an appeal through established grievance procedures.
The Code repeats that an employer may refuse a request for part-time working if it is satisfied that such arrangements would have an adverse effect on the operation of the business, lead to staffing difficulties or other relevant factors which might impact negatively on the business.
Recruitment and Training
In recruiting new employees, organisations should determine whether the vacancies could be performed on a part-time basis.
The Code recognises that access to training can be an issue for part-time employees. In this regard, the updated Code expressly states that part-time workers may have to complete training outside their normal hours of work but that this should be avoided by the employer as much as possible.
It is recommended that organisations review their training, performance appraisal, promotion/career development policies to ensure that there are no career development barriers, direct or indirect, to the progression of part-time workers in the organisation.
Protection from Penalisation
Employees are protected from penalisation for exercising their rights under the 2001 Act or for refusing to accept a request by employers to transfer from full-time work to part-time work or from part-time work to full-time work.
Next Steps
Substantively, the updated Code is similar to the original version from 2006 with additions to reflect changes in working patterns and practices that have come in since the pandemic. The Labour Market Survey published by the Central Statistics Office showed that there was a slight drop in estimated labour market participation from 66.6% for Q3 2024 to 66.5% in Q3 2025. Additionally, approximately 20.6% of those in employment worked part-time and nearly a quarter of those part-time employees wanted to work more hours for more pay. Against this backdrop, the updating of the Code comes at an opportune time.
In light of the updates to the Code, it is recommended that employers should:
- Review their organisational culture and work practices in light of the updated Code of Practice and consider the feasibility of introducing and/or improving access to part-time working as against business needs. This assessment and its outcome should be documented.
- Introduce clear and objective criteria for identifying part-time work options
- Introduce new or adapt existing policies and processes to facilitate requests for part-time working.
- Consider how pay and benefits paid to full-time employees can be adapted in line with the pro-rata principle in the case of part-time workers.
The Code of Practice is admissible in evidence in proceedings before the Labour Court, Workplace Relations Commission and civil Courts.
Please get in touch with a member of the Lewis Silkin Employment Team if you have any questions.