In January 2026, a new Code of Practice on Access to Part-Time working (“the Code”) was introduced by the Workplace Relations Commission (“WRC”). The new Code aims to provide practical guidance for employers and employees in agreeing part-time working arrangements, reflecting the importance of flexible and inclusive work environments.
The Code is underpinned by the Protection of Employees (Part‑Time Work) Act 2001 which prohibits employers from treating part‑time employees less favourably than comparable full‑time employees, unless there are objective grounds for doing so.
Key Features of the Code and Best Practice Recommendations
Employers should review their training, performance management and career development policies to ensure that part‑time employees are not disadvantaged and that no direct or indirect barriers impede their progression. The Code encourages employers to proactively identify part‑time working opportunities across all levels.
When recruiting new employees, employers should consider the content, status, and responsibilities of each new position and whether those roles could be offered on a part-time basis.
The Code advises as best practice that a request for a transfer from full-time working to part-time working and vice versa, or an increase in working hours, should be considered where possible by employers. The Code does however acknowledge that a change to existing working hours is a matter to be agreed between the employee and employer rather than a statutory right.
The Code recommends that employers consider establishing a procedure to include the following aspects:
If the application is successful, the details of the arrangement can be discussed with the employee, and an agreement may be drawn up, to be signed by the parties with any changes to the terms and conditions of employment.
If the application is unsuccessful, the grounds for the refusal should be clearly outlined.
An employer may refuse a request for part-time working if it would have an adverse effect on the operation of the business.
The new Code also highlights Section 16 of Employment (Miscellaneous Provisions) Act 2018 which provides a statutory right to banded hours of work, where the contracted hours of an employee do not reflect the actual hours worked by the employee under Section 18A of the Organisation of Working Time Act 1997.
The Code recommends that when considering the time, location and structure of training, the needs of part-time employees should be taken into account where possible.
Asbest practice the Code recommends that organisations review their training, performance appraisal, and 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 Code recommends that employers should regularly review how employees are provided with information on the availability of both part-time and full-time posts.
Organisations who have representative bodies in place e.g. staff forums, work council or collective bargaining arrangements should ensure that they are kept informed in relation to their policies and the use of part-time working.
The Code provides that employees cannot be penalised for exercising their rights under the Act or for refusing a request from their employer to transfer from full-time work to part-time work or vice versa. Following a successful complaint of penalisation before the WRC, an employee may be entitled to compensation of up to a maximum of 2 years’ remuneration.
Take Away for Employers
While the Code does not create new legal rights or impose mandatory obligations on employers, it does provide a clear framework for best practice where flexible working has become a significant consideration in a working relationship.
The Code is also admissible in evidence in any proceedings before the WRC, the Labour Court or the Civil Courts, and while employers retain the right to refuse requests where legitimate business needs would be adversely affected, the Code does emphasise the importance of consultation, timely decision-making and transparent reasoning to part-time working requests.
Links:
WRC Code of Practice on Access to Part-Time Work
Authors –Ethna Dillon and Jenny Wakely
23 February 2026
Anne O’Connell Solicitors
19-22 Lower Baggot Street
Dublin 2.
If you found this article useful you might like our employment law newsletter. We write monthly articles, like this, covering interesting cases, decisions, news and developments in Ireland.