The Workplace Relations Commission recently updated its Code of Practice on Access to Part-Time Working (see Code here) (the “Code”), which was initially published in 2006. The updated Code maintains a core principle: part-time work should be accessible across all organisational levels.
The Code does not create new legal rights and there remains no statutory entitlement to part-time work in Ireland. Instead the Code serves as a practical roadmap to help employers and employees navigate part-time working requests in a way that balances operational needs with the growing demand for part-time work arrangements.
The changes reflect the evolving employment landscape and approach to working patterns since the pandemic.
General Principles – encouraging flexible and part-time work
Employers must genuinely consider requests to switch between full-time and part-time work in both directions. While recruiting, employers are required to analyse whether roles can be performed on a part-time basis.
Key provisions for managing part-time working arrangements include:
- Status and rights: Employees moving to part-time work should face no detrimental changes to their status or rights. Pay and benefits should be adjusted on a pro-rata basis unless other changes are objectively justified.
- Training: Employers should avoid scheduling training outside a part-time employee’s normal hours whenever possible.
- Assessment criteria: When reviewing requests for part-time work, employers may consider operational constraints and economic competitiveness, such as administrative costs, training needs, or the limited capacity of smaller organisations.
- Problem solving: Where barriers to part-time work exist, employers must aim to minimize them and actively explore solutions rather than using obstacles as a default reason for refusal.
Framework for handling requests
The Code recommends that employers establish a clear procedure for handling requests for part-time work. Any policy changes should be carried out in consultation with employees.
The recommended procedure per the Code is as follows:
- Application: The employee submits their request. If the request is in relation to flexible or remote working, it should be handled under the separate Code of Practice for the Right to Request Flexible Working and Remote Working, which can be found here. For more information on handling remote or flexible working requests, you can visit our article here.
- Consultation: The employer should engage in meaningful discussion covering the employee’s personal and family circumstances, business and operational needs, proposed duration of the arrangement, and any other relevant factors.
- Decision: The employer should respond within a reasonable timeframe.
- Outcome management: If refusing the request, the employer should ensure the employee has access to the established grievance procedures for appeal.
Next steps
The Code provides a useful framework for employers for handling part time working requests and serves a reminder to employers of review and update existing policies and procedures for addressing part-time work requests.
Employers are entitled to refuse requests where such arrangements would have an adverse effect on the operation of the business. However, the Code emphasises the importance of transparency, responsiveness, and meaningful consultation in considering part-time work.
The Code is not legally binding, however it is admissible in evidence in the WRC. Adjudicators may use it as a benchmark for “reasonable” employer behaviour in disputes regarding discrimination or penalisation.
Contact Us
For further information, please contact a member of the Matheson Employment, Pensions and Benefits Group.