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| 25 Feb 2026 | |
| Charity Sector News |
The Code of Practice on Access to Part-Time Working was updated by the Workplace Relations Commission (WRC) on 22 January 2026, replacing the previous 2006 version. It is aimed at providing clear, updated guidance for both employers and employees on implementing part-time arrangements. The Code is applicable to all employers and employees. While it is aimed at promoting part-time work as a work arrangement, it does not provide a right to part-time working.
The Code, like the 2006 iteration, is rooted in the Protection of Employees (Part-Time Work) Act 2001. This legislation provides that part-time employees cannot be treated less favourably than comparable full-time employees. The applicability of the pro-rata principle for pay and benefits of the part-time workers is also included in both versions.
Unlike its predecessor, the updated Code is designed to reflect more current, flexible and inclusive work environments in a post-pandemic Ireland. The Code also specifically references Employment (Miscellaneous Provisions) Act 2018 which inserts provisions dealing with banded working hours.
The Code advocates for access to part-time work across various levels of an employer’s organisation. It is acknowledged in the Code that the capacity of an organisation to facilitate this is dependent on business and operational factors such as:
The Code states that in general terms, providing for access to part-time work should be considered in the context of developing company, organisational policies, e.g. the promotion of flexible working and work life balance and practices. It highlights, as best practice, the creation of new policies or a review of existing policies to facilitate effective access to part-time work. This exercise should be done by employers in consultation with their employees and representatives.
The Code also encourages the assessment and expansion of the scope of part-time working opportunities at all levels of the organisation, including skilled and managerial positions. This work should also be carried out in consultation with employees and representatives, as appropriate. A range of objective criteria should be set. These criteria should determine the suitability or otherwise of positions for part-time working. The barriers to the introduction of part- time work should also be identified and considered when an application is made or a vacancy arises. Workable solutions to these barriers should be considered.
The Code provides a list of factors that may be considered by employers when assessing the possibility of increasing access to part-time working arrangements within their organisation. These are extensive and are set out in Part 5 of the Code.
The support and commitment of managers and senior staff is required to introduce a successful part-time policy, particularly in large organisations.
When recruiting a new employee, employers should consider the proposed content, status and positioning of a vacant or newly created position within the company. Employers must also consider whether the post could be carried out on a part-time basis.
The Code provides that as far as possible; employers should consider requests by employees to transfer from full-time to part-time work and vice versa. This is described as a “basic principle” of the Code. It is also emphasised that an employee that moves to part-time work from full-time work should not suffer a lessening of status or employment rights generally, with the exception of pay, benefits as appropriate, without there being objective grounds.
It is important to note that while an employee has a right to request to change their working arrangement without penalisation, the facility to change the existing hours of work of employees is a matter to be agreed between the employer and the employee, rather than a statutory entitlement.
The Code suggests that employers consider establishing a procedure to deal with requests. The procedure should dictate:
Both the employer and employee should consider all factors both relevant to the organisation and personal to the applicant. Relevant factors may include:
The employer should issue a decision to the applicant in a timely manner. The Code states that an employer may refuse a request for part-time working if it is satisfied that this arrangement would have an adverse effect on the operation of the business. This adverse effect maylead to staffing difficulties or other relevant factors which might impact negatively on the business. If the application is successful, details of how the arrangement will be carried out should be discussed with the applicant, and other work colleagues if appropriate, and agreed. The Code advocates for the drafting of an agreement, signed by the parties, which details any changes to terms and conditions of employment, for example:
If the application is refused or deferred, the reasons for doing so should be made clear to the applicant. An appeals mechanism should also be created.
The Code acknowledges that part-time working is not appropriate in certain circumstances. An applicant should be prepared to accept a refusal, if there are good reasons provided for it.
The updated Code refers to Section 16 of the Employment (Miscellaneous Provisions) Act 2018. Section 16(14) of the 2018 Act introduced a statutory right to banded hours of work where an employee’s contract of employment does not reflect the number of hours the employee has worked in a reference period. Under the 2018 Act, where an employee believes that they are entitled to be placed in a band of weekly working hours, they may request their employer to do so.
The Code encourages both employers and employees to familiarise themselves with Section 16 of the 2018 Act. It also advises that employers should treat requests to be placed in a band of weekly working hours seriously and explore with their employees if and how requests can be accommodated or how these transfers can be made.
The Code dictates that training should be scheduled to accommodate part-time staff where possible. In practice, this means ensuring that the needs of part-time employees are considered when the structure, time and location of training is being planned. Where necessary, part-time employees may need to undergo training outside their normal work hours, but this should be avoided if possible.
Employers must ensure that choosing part-time work does not create a ‘career-ceiling.’ Organisations should 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.
The revised Code of Practice provides clear guidance on best practice when managing part-time working arrangements. It is recommended that employers seek expert legal advice to understand their potential obligations and to mitigate legal risk.
For more information and expert advice, please contact a member of Mason Hayes & Curran’s Employment Law & Benefits team.
