Excluded From Promotion Because You Work Part-Time? The WRC Says That Can Be Discrimination
Many people choose part-time or job-share roles to balance work with family responsibilities, caring duties, or health needs. But what happens when working part-time quietly blocks your career progression?
A recent decision from the Workplace Relations Commission (WRC) has delivered an important message: promotion criteria that disadvantage part-time workers — particularly women — may amount to unlawful discrimination.
In this case, a senior hospital pharmacist was awarded €20,000 after being excluded from applying for a promotion because she did not meet a full-time work threshold, despite having more than enough experience overall.
What Happened in This Case?
The employee had worked for the Health Service Executive since 2008 and had been a senior clinical pharmacist since 2015, working on a job-share basis.
In 2024, the HSE advertised a new role: Advanced Pharmacist Specialist.
The pharmacist believed she was well qualified:
- 15 years’ professional experience
- 9 years working in the specialist area
- Recognised as a highly capable and respected employee
However, her application was rejected because she did not meet a requirement that 50% of a full-time role be spent in the specialist area over a two-year period.
Because she worked part-time, her experience — although extensive — had been built up over a longer timeframe.
Why the Requirement Was a Problem
The pharmacist argued that:
- She had more than enough specialist experience, just not within the strict timeframe
- The requirement disproportionately affected part-time workers
- Many part-time roles are held by women due to caring responsibilities
- The criteria effectively excluded her from even applying, despite her qualifications
The employer accepted she was a “long-standing, well-qualified and highly-regarded” employee — yet still refused her the opportunity to compete for promotion.
The WRC’s Decision: Indirect Discrimination
The WRC found that the promotion criteria amounted to indirect discrimination, which occurs when:
A seemingly neutral rule puts a particular group at a disadvantage — unless the employer can objectively justify it.
While employers can defend indirectly discriminatory requirements, the adjudicator found that the HSE failed to objectively justify why:
- Experience had to be gained within a fixed timeframe
- Aggregated experience over a longer period could not be accepted
- Part-time workers were effectively excluded
The adjudicator stated that it was unclear why equivalent experience gained over time could not meet the role’s requirements.
The Outcome
The WRC:
- Awarded €20,000 in compensation
- Took into account both potential loss of earnings and the need for deterrence
- Ordered the employer to review its minimum criteria
- Directed the employer to meet with the employee to discuss the outcome
This is a significant outcome — not just for the individual worker, but for part-time employees across Ireland.
Why This Case Matters —
This decision highlights a wider issue we see regularly:
- Part-time work is often essential, not optional
- Women are more likely to work reduced hours due to caring responsibilities
- Career progression should not stop because hours change
- Employers must design criteria that are fair, inclusive, and legally compliant
Policies that favour full-time experience without flexibility risk reinforcing inequality — even when unintentionally.
What This Means for Employees
This case shows that:
✔ Being excluded from promotion can be discrimination
✔ Part-time workers must not be unfairly disadvantaged
✔ Experience matters — not just how quickly it’s acquired
✔ Employers must justify requirements that exclude certain groups
✔ You don’t need to be dismissed to bring a successful claim
If you believe your working hours have held you back from promotion or opportunity, you may have rights under employment equality law.
We’re Here to Help
At Employment Matters, we regularly support clients who feel:
- sidelined after moving to part-time work
- blocked from promotion
- treated differently due to caring responsibilities
- unfairly excluded by rigid workplace criteria
If this story feels familiar, we’re here to help you understand your options clearly and confidently.
