Part-time work sits alongside other flexible working arrangements, including job sharing, compressed hours and remote working, all of which have become even more prevalent in recent years as the COVID‑19 pandemic reshaped how and where people work.

Part‑time workers continue to make up a substantial portion of the Irish labour market, with 20.6% of the workforce engaged on a part‑time basis. As 67% of part-time workers are female, the Code also has the potential to advance gender equality in the workplace and support greater female participation across all levels of the labour market.

The updated Code is grounded in the Protection of Employees (Part-Time Work) Act 2001 (the “2001 Act”), which protects part-time employees from being treated less favourably than comparable full-time employees, unless there are objective grounds for doing so. The Act also provides that where a benefit is determined by the number of hours an employee works, it shall be on a pro-rata or proportionate basis for part-time employees.

Key aspects of the updated code

While the Code does not create new legal rights, nor does Irish law provide a statutory entitlement to part‑time work; the updated Code is admissible in evidence in any proceedings before the WRC, the Labour Court or the Civil Courts.

The Code does not seek to reinvent the wheel on how employers approach part-time workers, however it does include several notable changes, as well as modernising the language used and reflecting the more flexible working arrangements which have become commonplace in recent years.

Promotion of part-time working opportunities

Employers are encouraged to proactively identify part‑time working opportunities across all levels. As a matter of best practice, they 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.

Handling requests for part-time working

The Code acknowledges that the change of an employee’s working hours is a matter between the employer and employee, rather than any statutory entitlement. The Code encourages employers to have a procedure in place for employees to request a move from full-time to part-time work, or vice versa, or seek an increase in their working hours. The updated Code also refers to an employers’ obligations under the Employment (Miscellaneous Provisions) Act 2018 in relation to banded working hours.

Employers should establish clear and objective criteria for identifying part-time work options and for considering the implications of part-time working for the organisation, which is communicated to staff and monitored and reviewed on a regular basis.

Where an employee is making a request for remote or flexible working under the Code for the Right to Request Flexible Working and the Right to Request Remote Working, the request should be dealt with in accordance with that code.

The Code recommends that employers consider implementing a procedure to include the following elements:

The Code encourages employers to treat such requests seriously, and, where possible, explore with their employees if, and how, requests can be accommodated or how such transfers can be made.

Although employers retain the right to refuse requests where legitimate business needs would be adversely affected, the Code emphasises the importance of genuine consultation, timely decision-making and transparent reasoning.

Employers who demonstrate a considered and fair approach to part-time working requests will be better positioned should any disputes arise.

Reviewing and developing company policies and practices

A successful part‑time working policy relies heavily on strong support and consistent commitment from management at all levels, particularly within larger organisations.

The Code recognises that when considering how to expand or improve access to part‑time work, whether by introducing new arrangements or enhancing existing ones, it is essential to assess the organisation’s operational and business context, including its need to maintain economic competitiveness.

The organisation’s ability to support part‑time working will depend on a range of business and operational factors, which may include:

• Increased administrative, training and recruitment costs;
• Capacity issues for smaller organisations in accommodating or replacing part‑time staff; and
• Concerns around day-to-day operations, for example impact on service delivery, implications for full time staff etc.

Recruitment and training

When recruiting new employees, employers should consider the proposed content, status and positioning of vacant/new posts in the organisation to determine whether the posts being offered could be performed on a part-time basis.

Any assessment of part‑time working options should set out the factors to be considered, the extent to which part‑time arrangements could support the organisation and any existing barriers to part-time working opportunities, along with reasonable steps required to address them.

The Code recognises that training can sometimes be difficult for part-time employees, owing to other commitments, or other responsibilities which prevent them from participating because of, for example, the inconvenient timing of training.

In line with best practice, it is recommended that employers ensure that the needs of part-time employees are considered when training is being planned, e.g. in relation to both the timing and location of such training. Part-time employees may be required to complete training outside their normal hours of work, but this should be avoided, where possible.

Protection from penalisation

A significant new provision in the Code provides protection to employees from penalisation 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 from part-time work to full-time work.

Where a complaint of penalisation is successful before the WRC, an employee may be entitled to compensation of up to a maximum of 2 years’ remuneration.

Providing information to employees and representative bodies

Employees who work part‑time should not be placed at a disadvantage when it comes to receiving information. The Code encourages employers to regularly review how information about available roles, whether part‑time or full‑time, is communicated to staff.

Where organisations have structures for employee representation, such as collective bargaining arrangements, works councils or staff forums, it is important that these representatives are updated on the organisation’s approach to and use of part‑time working.

Conclusion

The updated Code represents an important development, marking the first update to this guidance in two decades. Whilst the Code does not impose mandatory obligations on employers, it provides a clear framework for best practice in an evolving employment landscape where flexible working has become increasingly central to attracting and retaining talent.

For employers, the updated Code serves as both a prompt and a practical guide to review existing policies and ensure they are aligned with contemporary workplace expectations and the legislative changes introduced by the Work Life Balance and Miscellaneous Provisions Act 2023.

If you require further information, please contact a member of the Employment Group or your usual Arthur Cox contact.

The content of this briefing is provided for information purposes only and is not legal or other advice.