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In this insight, we take a look at the Workplace Relations Commission's new Code of Practice on Access to Part-Time Working.
On 22 January 2026, Minister of State at the Department of Enterprise, Tourism and Employment, Alan Dillon, signed the WRC's revised 'Code of Practice on Access to Part-Time Working' into law. The Previous code dates back to 2006. The revised Code of Practice (the "Code") contains the following new additions:
- The Code defines a 'Part-Time Employee' by reference to its interpretation as set out at Part 2, Section 7(1) of the Protection of Employees (Part Time Work) Act 2001 (the "2001 Act"). A Part Time Employee is "an employee whose normal hours of work are less than the normal hours of work of an employee who is a comparable employee in relation to him or her".
- The Code provides a contextual background to legislative developments in Ireland in relation to part time work, driven by the EU Council Directive 97/81/EC which was transposed into Irish Law by the 2001 Act. The Code also cites the legislative basis for its genesis, being within the remit of the WRC under the 2001 Act.
- Under guidance dealing with employee requests for a change in hours, the Code draws particular attention to Section 16 of the Employment (Miscellaneous Provisions) Act 2018, which implemented a right to be placed on banded hours under Section 18A of the Organisation of Working Time Act 1997. This provision was considered in the 2020 Labour Court Decision of Aer Lingus v Cliona O'Leary (DWT207) where it was held that calculations of the average weekly working hours in a reference period should exclude annual leave hours. The Code also expressly cites this section as a factor for consideration in the processing of a request for a change of working hours. The Code advises employers to consider the implications of a change of working hours for the applicant/employee, where the acceptance of a part-time work request will result in a change of banded hours classification.
- The new Code also refers employees to the Code of Practice on the Right to Request Flexible Working and the Right to Request Remote Working, which contains guidance for both employers and employees on making/ processing such requests.
- The Code largely reiterates the factors to be considered in processing a request regarding an increase/ decrease in hours or a move to part time hours, however, in considering the personal and family needs of an employee making such a request, the new Code draws particular attention to 'whether parents or carers rights arise or special medical needs exist' in relation to the requesting employee. This would reflect the recent implementation of the Work Life Balance (Miscellaneous Provisions) Act 2023 and the consequent right of parents and carers of specified persons to request flexible working arrangements.
- The Code advises employers to ensure that a decision relating to the request is issued 'in a timely manner'.
- The Code states that part time employees may be required to complete training related to their employment outside of their normal hours of work, however, the Code states that this should be avoided, if possible.
- A provision regarding the protection of employees from penalisation has been inserted into the revised Code. This states that an employer must not penalise an employee for:
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- exercising their rights under the 2001 Act
- refusing to accede to their employer's request to transfer from full-time to part-time work, or vice versa.
- The Code helpfully provides an index of legislation relevant to this Code of Practice, and advises employers, employees and representatives alike to familiarise themselves with such legislation.
If you have any queries as to part time work, or processing employee requests for a change to working hours/ remote/ flexible working, our Employment Law team will be happy to assist.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
