New WRC Code of Practice on Part-Time Workers

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

• Review and Development of Company Policies and Practices  

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.

• Recruitment

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.

• Requests for Part-time Working

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:

• The Application: The employee applicant should set out the reasons for the request and whether it is temporary or permanent. A reasonable timeframe should be given to consider the application.

• Relevant Consultation and Discussion: Both the employer and employee should consider all factors relevant to the organisation and personal to the employee which may include, inter alia: personal and family needs of the applicant; the business and operational needs required to meet part-time cover; the urgency of the request; how the proposed revised hours will fit with the employee’s tasks and procedures for reviewing the arrangement.

• Decision and Response: A decision should be issued in a timely manner.

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.

• Managing the Outcome: If a mutually satisfactory solution is not reached then recourse to an appeal mechanism should be provided.

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.

• Training

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.

• Career Opportunities

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.

• Information to Employees and Representative Bodies

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.

• Protection from Penalisation

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.

www.aocsolicitors.ie