Ireland: Updated Code of Practice on Access to Part-Time Working

The updated 2026 Code of Practice on Access to Part‑Time Working (the “Code”) modernises the previous 2006 framework, providing clearer guidance to employers and employees on facilitating part‑time arrangements in line with the Protection of Employees (Part‑Time Work) Act 2001. It emphasises equal treatment, transparent decision‑making processes, and the need to consider part‑time work at all organisational levels while balancing legitimate operational needs. The government also encourages employers to review policies and publish gender‑balanced data to promote fair access to flexible work.

The updated Code, signed into law on 22 January 2026, replaces its 2006 predecessor and aims to provide employers and employees with clear, practical direction on facilitating part‑time arrangements in a changed post‑pandemic world.

While it does not create an automatic right to part‑time work, the Code emphasises the principle, rooted in the Protection of Employees (Part‑Time Work) Act 2001, that part‑time workers must not be treated less favourably than their full‑time counterparts, unless the difference in treatment is objectively justified.

The 2026 revision complements earlier legislative reforms such as the Employment (Miscellaneous Provisions) Act 2018, which introduced banded working‑hours rules to ensure more predictable hours for workers whose actual hours differ from their contracts. The new Code also distinguishes itself from the recent Code of Practice for Employers and Employees dealing with the Right to Request Flexible Working and the Right to Request Remote Working, and specifies that the new Code does not override the existing guidance on requests for flexible working arrangements.

Key Principles

The new Code expands on several principles:

1. Equal Treatment and Anti-Penalisation – Employees must not be penalised for requesting part‑time work or for invoking their statutory rights under the 2001 Act. This includes safeguarding against any negative impact on career progression, save for objectively necessary pro‑rata adjustments to pay and benefits.
2. Access across the Organisation – Part‑time options should, wherever feasible, be made available at all organisational levels including senior and skilled roles.
3. Business Needs and Operational Constraints – The Code recognises that access to part‑time work must be balanced against legitimate operational considerations, such as increased training or recruitment costs, challenges for small employers, and the impact of reduced hours on service delivery. It nevertheless expects employers to minimise constraints where possible and to explore creative solutions rather than defaulting to refusal.

Requests for Part-time Work: Process and Best Practice

A central theme of the Code is strengthening procedural fairness and transparency. Employers are expected to:

• Establish clear internal policies, ideally developed in consultation with staff or representatives.
• Apply objective criteria to evaluate role suitability for part‑time arrangements.
• Provide a structured request process, including dialogue, timely decisions, and (where appropriate) an appeal mechanism.

When a request is approved, the resulting working arrangement must be documented and signed by both employer and employee. Where a request is refused, employers should outline the reasons in writing with reference to the business impacts considered.

Practical Implications for Employers

Employers should:

• Review and update internal policies to ensure alignment with the new Code.
• Assess whether part‑time roles can be introduced or expanded at various organisational levels.
• Ensure training, development, and promotional opportunities are accessible to part‑time staff.
• Build transparent documentation practices around requests, decisions, and implemented arrangements.

In some cases, organisations may need to rethink staffing models or operational processes to accommodate increased demand for flexible work.

Conclusion

The updated Code represents a meaningful shift in Ireland’s approach to part‑time working. It does not grant new statutory entitlements, but it raises the standard of best practice, embeds clearer procedures, and reflects a national commitment to modern, inclusive, and adaptable working environments. Employers who engage proactively with the Code will be better positioned to attract and retain talent in a labour market where flexibility is no longer a perk but an expectation.