Banded Hours in Ireland: What the 2018 Act Says About Variable Hours

Banded hours are a right created by the Employment (Miscellaneous Provisions) Act 2018 for employees whose written contract understates the hours they actually work. If you employ people on low-hour or variable-hour contracts, this is one of the rules you need to be able to explain and to follow when a request lands. This guide summarises what the Irish Statute Book, Citizens Information and the Workplace Relations Commission (WRC) say, with the dates shown on those pages. It also links to our wider guide on written statements of terms, because the two topics overlap. This is general information, not legal advice.

What banded hours are

Citizens Information (page last edited 27 January 2025) explains that if you work a low-hour contract and regularly work more hours than it states, you can ask in writing to be put on a band. The employer bases the band on the employee's average weekly hours over the past 12 months. Once placed, the employee is entitled to work an average of that band's hours for the next 12 months.

The Irish Statute Book page for section 16 of the 2018 Act shows that the 2018 Act inserted a new section 18A, headed "Banded hours", into the Organisation of Working Time Act 1997 (the WRC names the Act). The WRC's guidance says the provisions took effect on 4 March 2019. The legal right sits in that inserted section; the 2018 Act is the amending Act.

The eight bands

Citizens Information lists the bands by average hours worked per week:

The WRC's employer FAQ lists the same eight bands. Note that these are bands of average hours over a reference period, not a guarantee of hours in any particular week.

How a request works

As summarised from the Statute Book page and the WRC guidance:

• Trigger: the employee's contract or statement of terms does not reflect the hours actually worked per week over the reference period.
• Request: the employee must make the request to the employer in writing.
• Timing: the employer must place the employee in a band from a date no more than four weeks after the request, if the request is accepted. Citizens Information says the employer must place the employee on a band within 4 weeks of the request.
• Which band: the employer works it out from the average weekly hours worked during the reference period, which Citizens Information and the WRC describe as the previous 12 months (the statutory wording is more technical, so check section 18A of the 1997 Act).
• Duration: once placed, the employee must work hours averaging within that band for at least 12 months.

The WRC's employer FAQ adds that banded hours apply across all employments and sectors, not only where banded arrangements are normal, but only where the Act's criteria are met. It describes the right as available to an employee who has worked for the employer for over 12 months.

When an employer can refuse

The Statute Book summary and the WRC guidance list grounds for refusal. In plain terms, an employer may refuse where:

• the facts or evidence do not support the employee's claim about their hours;
• there have been significant adverse changes to the business during or after the reference period, such as the WRC's example of losing an important contract;
• emergency or similar circumstances apply (the WRC FAQ describes this ground and gives closure caused by flooding as an example); or
• the extra hours were due to a genuinely temporary situation, such as covering for an employee on maternity leave, that no longer exists.

The right does not apply where a banded hours arrangement was agreed through collective bargaining. Our suggestion: if you refuse, put the reason in writing and say which ground you rely on, and keep the evidence you used.

Complaints and remedies

Citizens Information says an employee who is unhappy with a refusal can complain to the WRC, generally within 6 months, extendable by a further 6 months only if there was reasonable cause for the delay. The Statute Book page says an adjudication officer can declare the complaint well founded or not and can order placement in the appropriate band, but cannot order compensation for the failure to place the employee. The WRC's employer FAQ makes the same point: the remedy is placement in the band, with no additional compensation. Either side can appeal to the Labour Court under the Statute Book text.

Separately, the WRC FAQ says that where an employee believes they were penalised, or threatened with penalisation, for invoking their rights under the 2018 Act, they can take a case to the WRC, and an adjudication officer may award up to two years' salary. Penalisation, per the FAQ, includes dismissal, suspension, demotion, cuts to pay or hours, discipline and coercion. The practical lesson for employers is to handle requests fairly and avoid any adverse treatment of the person asking.

Related rules on variable hours

Citizens Information also explains that if an employee's hours change from week to week, the employer must give start and finish times at least 24 hours before the first day of work, and 24 hours' notice of additional hours, with shorter notice allowed in unexpected cases. It cites section 17 of the Organisation of Working Time Act 1997 as updated in 2022. If the minimum notice is not given, the page says the employee can refuse the work without negative consequences. A separate Citizens Information page on zero-hours contracts (last edited 1 January 2026) describes minimum payment rules where an employee is called in but sent home without work.

The written statement of terms

The WRC's employer FAQ describes the 2018 Act's change to written statements: new employees must receive five core terms in writing within five days of starting, including the hours reasonably expected daily and weekly, with the remaining terms within two months. It says statements must be signed and dated by the employer and recommends keeping a copy on file for one year. Our suggestion for banded-hours risk: state the expected hours realistically, because a gap between written hours and actual hours is precisely what the banded hours right addresses. The guide linked at the top of this post covers the written statement rules in more detail.

Practical steps for Dublin employers

The law is national and applies equally to Dublin employers and everyone else. Our suggestions:

• Review rosters for staff who regularly exceed their contracted hours, since those are the people who can use this right.
• Decide who receives written requests and set a diary note for the four-week period.
• Check how any change in banded hours may affect other entitlements. Our guide to calculating annual leave explains how leave is worked out, and you should check the interaction with your own staff's hours.

Learnsignal's offices are off Baggot Street in Dublin, and we offer in-person training from there. For current details, see our CPD pages.

Frequently asked questions

Does the employee have to ask in writing?

Yes. The Statute Book summary, Citizens Information and the WRC all say the request must be made in writing.

Can an employer be ordered to pay compensation for refusing a banded hours request?

According to the Statute Book page and the WRC FAQ, the adjudication officer's remedy is placement in the appropriate band, and compensation cannot be ordered for the failure to place. A separate penalisation complaint is different.

Do banded hours apply if a collective agreement already sets banded hours?

No. The right does not apply where a banded hours arrangement was agreed through collective bargaining.

When did the banded hours right start?

The WRC's guidance says the provisions took effect on 4 March 2019.

Check the current wording on the Irish Statute Book and the WRC site before acting on a specific request.