EMPLOYMENT CASE LAW / HUMAN RESOURCE MANAGEMENT - Part Time Working Arrangements & Considerations

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There is no statutory requirement for an Organisation to provide part-time work to an Employee. However, if you do, the Protection of Employees (Part-Time Work) Act 2001 seeks to ensure part-time Employees are not treated less favourably than their full-time counterparts. A part-time Employee is one who works fewer hours than a comparable full-time Employee, and may be employed on a permanent or temporary basis.

The Act provides that a part-time Employee (as defined by the Act) cannot be treated in a less favourable manner than a comparable full-time Employee in relation to conditions of Employment. A part-time Employee can be compared to a comparable full-time Employee:

• Where both Employees perform the same work;
• Where the work performed by one of the Employees concerned is of the same or a similar nature to that performed by the other;
• The work performed by the part-time Employee is equal or greater in value to the work performed by the other Employee concerned, having regard to such matters as skill, physical or mental requirements, responsibilities or working conditions.

Although an Organisation is not obliged to provide access to part-time work it is required to consider any requests for part time work received. The Workplace Relations Commission (WRC) has a Code of Practice on “Access to Part-Time Working”, and stipulates that:

• The code is applicable to all Employers and Employees;
• Access to part-time work should, as far as possible, be available across different levels in the Organisation;
• As far as possible, Employers should give consideration to; requests by Employees to transfer from full-time to part-time work; requests by Employees to transfer from part-time to full-time work or to increase their working time should the opportunity arise.
• An Employee moving to part-time work should suffer no diminution of status or employment rights generally, with the exception of pay, benefits as appropriate, etc. (unless there are objective grounds).
  
  

It is recommended that Organisations implement, as appropriate, new policies or review existing policies to facilitate effective access to and performance of part-time work and specify how part-time working arrangements will operate in the Organisation. Barriers to the introduction of part-time work, at all levels in the Organisation, should be identified and considered when an application for part-time work is made or when a vacancy arises. Possible measures on how best to overcome such barriers should be considered.

The facility to change the existing hours of work of an Employee is a matter to be agreed between the Employer and the Employee. Best practice indicates that Employers should treat such requests seriously and where possible explore with the Employee if and how a request could be accommodated. This could include consideration of the following elements:
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• The personal and family needs of the applicant;
• The number of Employees already availing of part-time work;
• How the applicant’s proposed revised hours will fit with the tasks of his/her job and how these tasks will be performed during the period of part-time work;
• The implications, if any, for the applicant’s conditions of employment;
• The effect, if any, on the staffing needs of the Organisation;
• The equal opportunities policy of the Organisation.
  
  

As best practice it is recommended that Organisations review their training, pe​rformance appraisal and promotion/career development policies to ensure that there are no career development barriers, direct or indirect, to the progression of part-time workers in the Organisation.
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If you require assistance with regards to Employees working part time, contact the team at Adare Human Resource Management – info@adarehrm.ie / 01 5613594