Navigating The Updated Code Of Practice On Access To Part-Time Working

The Code of Practice on Access to Part-Time Working 2026 (Code) was signed into law by the Minister for Enterprise, Tourism and Employment on 22 January 2026.

The Code replaces the 2006 Code of Practice on the same topic and provides updated guidance on the requirements of the Protection of Employees (Part-Time Work) Act 2001 (Act).

Prepared by the Workplace Relations Commission, the Code reflects an up-to-date focus on flexible working arrangements in inclusive and modern workplaces, whilst the Act prohibits less favourable treatment of part-time employees. The Code also seeks to promote access to and facilitate flexible and part-time work.

Summary of the general principles of the Code

Making part-time work accessible

The Code addresses how working patterns and practices have evolved since 2006, particularly since the 2020 pandemic. While the concept of access to part-time work has existed since the Act and the 2006 code, the Code provides for the movement of workers from full-time to part-time and from part-time to full-time work.

A central principle remains that employees must not be penalised for requesting part-time work, and that, when this is granted, they should not experience any negative impact on their status or employment rights, other than proportionate changes to pay and benefits (unless an objectively justified reason to vary exists). Further, part-time work should be available, where possible, at all levels of an organisation.

The Code acknowledges that an employer's operational needs, business context, and overall competitiveness are necessary and important factors in determining whether new or enhanced part-time working arrangements can be introduced and specifically includes:

• the potential for increased administrative, training, and recruitment costs;
• the ability of smaller organisations to facilitate part-time arrangements or to resource roles that move to reduced hours; and
• the impact on day-to-day operations and the implications for full-time staff.

Where constraints to part-time work exist, employers are expected to minimise them as far as possible and to consider practical steps to address or remove them.

Employers should issue a decision on a request for part-time work in a timely manner and may refuse it if satisfied that the part-time work arrangement would have an adverse effect on business operations. Employers should outline the relevant factors in writing when reaching a decision for the employee.

Details of any new working arrangement should be recorded in writing and signed by the employee and employer.

Policies and procedures

The Code advises that access to part-time work should be considered alongside broader modern workplace policies, such as those promoting flexible working, equal opportunities, and improved work–life balance. The Department of Enterprise, Tourism and Employment has encouraged employers to publish gender-balanced data on the take-up of flexible working to promote transparency.

Many employers have already introduced flexible and hybrid working policies in recent years, and the Code recommends reviewing these to ensure they support effective access to and performance in part-time work. Where such policies are not yet in place, the Code suggests that employers should develop and implement them.

The Code states that best practice is to consult with employees or their representatives regarding updates to existing policies or the introduction of new policies.

Requesting part-time working arrangements

Changes to working hours are a matter for agreement between employers and employees, and they are not a statutory entitlement.

Employers may refuse a request for part-time work where they can demonstrate that the arrangement would adversely affect business operations, create staffing challenges, or otherwise have a negative impact on the organisation.

Employers are encouraged to implement a clear and objective procedure for handling requests to change working hours, which should include:

• Employee application – the information required by the employer, such as the reasons for the request and whether the request is temporary or permanent in nature;
• Consultation and discussion – providing the opportunity to engage and consider the employee's personal and family needs, the employer's operational requirements and any other relevant factors;
• Decision and response – providing a reasoned response within a reasonable timeframe; and
• Outcome management – confirming the arrangement in writing, where approved, or issuing a refusal (or deferral) allowing the applicant recourse to an appeals mechanism if a mutually satisfactory solution is not reached.

Training and recruitment

During recruitment, employers should consider whether a role can be carried out on a part-time basis.

The Code acknowledges that access to training can present challenges for part-time employees. While part-time workers may be required to undertake training outside their usual working hours, employers should avoid this if possible.

Further, the Code recommends that organisations review their training, performance appraisal, and promotion or career development policies to ensure they apply equally to part-time workers.

Summary

The Code offers enhanced guidance on the implementation and management of part-time working arrangements, reflecting the shift in work practices that has emerged, particularly since the pandemic. The Code is to be reviewed in three years.

Employers are advised to take the following steps:

• Assess the feasibility of introducing or expanding access to part-time work at all levels, taking into account business and operational factors.
• Set out clear, objective criteria for identifying roles or functions that can be performed on a part-time basis.
• Review existing policies and ensure clear procedures to facilitate requests for part-time work.

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.