Part Time Working in 2026: Updated Code Brings Greater Expectations for Employers

The updated Code of Practice on Access to Part Time Working (Code) came into effect on 22 January 2026 and represents a substantial update to Ireland’s framework for part time employment. The new Code replaces the 2006 version and reflects two decades of legal, social and workplace change. It is designed to support more transparent and consistent approaches to part time working and to guide employers in managing requests in a fair, structured and legally compliant manner.

This article, written by Amy McNicholas, Solicitor with contributions from Jordan Muir, Trainee Solicitor, outlines the key changes introduced by the revised Code, highlights the practical implications for employers and identifies steps organisations should now take to ensure their policies and processes align with the updated guidance.

The Updated Code

The revised Code reinforces the principle in the Protection of Employees (Part Time Work) Act 2001 that part time employees must not be treated less favourably than full time colleagues unless such treatment is objectively justified. The Code reflects the increasing importance of part time arrangements in facilitating participation in the labour market, including for parents, carers, older workers and students.

A central feature of the new Code is the introduction of clearer expectations for employers when handling requests for part time work. Employers are expected to operate transparent procedures, respond within a reasonable timeframe and provide written reasons where a request is refused. Any agreed variation to working hours must be documented and signed by both employer and employee. This is a notable shift from the 2006 code, which offered less procedural clarity.

The Code also places greater emphasis on the personal and family circumstances of employees. When considering requests for reduced hours, employers are encouraged to take into account caring responsibilities, medical needs and other relevant circumstances. This approach aligns with broader policy efforts aimed at improving work life balance and addressing gender-based disparities in access to flexible work.

Integration of Legislative Developments

The updated Code incorporates several legislative developments introduced since 2006. It highlights the importance of the Employment (Miscellaneous Provisions) Act 2018, including the banded hours provisions which seek to better align contracted and actual working hours. The Code references the Labour Court decision in Aer Lingus Ireland Limited v Cliona O Leary (DWT207), which confirmed that annual leave should not be included when calculating average weekly hours for the purposes of banded hours. It also cross refers to the Code of Practice on the Right to Request Flexible Working and Remote Working, recognising the increasing overlap between reduced hours and other flexible work arrangements.

Operational Considerations for Employers

While the Code seeks to improve access to part time work, it acknowledges that requests may be refused where there are genuine operational reasons. These may include increased administrative or training demands, staffing constraints or impacts on service delivery. Employers are nevertheless encouraged to consider reasonable alternatives before refusing a request and to minimise operational barriers where possible.

As the Code is admissible in proceedings before the Workplace Relations Commission, the Labour Court and the civil courts, employers should anticipate greater scrutiny of how decisions on part time work requests are documented and justified. Clear policies, consistent decision making and careful record keeping will be essential in demonstrating compliance.

Practical Steps for Employers

Employers should now review their HR policies, procedures and recruitment practices to ensure they reflect the updated Code. Organisations may wish to identify roles at all levels that could be suitable for part time arrangements and ensure that training, promotion and development opportunities remain accessible to employees working reduced hours.

Conclusion

The 2026 Code represents a significant evolution in the regulation of part time work in Ireland. While it does not create a statutory right to part time working, it raises expectations regarding transparency, fairness and procedural consistency. It also reflects the changing nature of the Irish labour market, where flexible work plays a central role in workforce participation, talent retention and organisational planning.