Job share - can't increase days so they are going to let me go. Is this right legally?

[Stokey38]

Hello, need some help about where I stand legally on something. I have jobshared for nearly three years and I have always done two days. The lady I job share with is retiring in January and the expectation from work was that I would become full time when she left. After giving this much thought I have decided that I wanted to stay part time or increase by 1 day but I have just spoken with my employer and said that they would need someone full time and therefore I would not have a job from January. Does this sound right - I wasn't sure that it did. Help please!

[ElbowFan]

Contact your local CAB. A lot of this will be determined by what is in your contract of employment if you have one - and act quickly before it is deemed that you have 'agreed' by saying/doing nothing to object.

[Grevling]

Do you have an individual or joint contract of employment?

I'd be amazed if they couldn't find someone will to take on the other hours in this climate.

[flowery]

What does your contract say? Normally job share contracts state what happens if one job share partner leaves, and commonly the agreement is that the employer will make every effort to recruit a replacement job share partner but in the event they can't, the remaining job share partner will be redundant if they can't either increase their hours or be redeployed.

[Stokey38]

My contract doesn't refer to the job share just that I am employed two days a week which will normally be Monday and Tuesday. It's a very basic contract.

[flowery]

Sounds like they could potentially make you redundant, yes. They should consult with you about this - tell you they propose to make you redundant and explain why, then give you an opportunity to make suggestions to avoid redundancy.

Have they said anything about trying to recruit a replacement/have you asked them? Do you have any other suggestions about how the work could be covered?

[MovingAndScared]

as someone elses says it would be easy for them to find a replacement - but I wonder if it just a convient way to reduce staff cost?

[BerylStreep]

Surely if the contract doesn't mention job share, then technically the op is just employed pt, as is the other person.

I would have thought that issuing an ultimatum to a pt worker to increase to ft hours or face redundancy could be sex discrimination?

[flowery]

Why sex discrimination? We don't have any reason to believe a male part time worker wouldn't also be asked to make up the shortfall nor do we have any indication that this decision is part of a general 'no more part time working' edict that may be indirectly discriminatory against women.

The OP seems to have disappeared, however if they fail to consult and make every effort to avoid her redundancy it might be unfair dismissal. If I were advising her employers I would say that before making her redundant they must fully explore finding another part timer to make up the shortfall, and/or be prepared to justify why the roles now need to be performed full time by one person.

[flowery]

She is protected from less favourable treatment as a part time worker so if she were made redundant because she is part time, that would be unfair.

But if they can justify it by not being able to fill the other position or being able to demonstrate that it needed to be full time either because they couldn't find a part timer or because it needed to be full time, then they're probably ok.

Very foolish if they haven't/do not attempt to fill the other p/t post though.

[evieS]

It's unfair dismissal if they go ahead with this without first making every effort to fill the other half post. Only when they have evidence that they cannot fill the post could they even .begin to think of dismissing you - it is entirely unlikely (unless your post is highly specialised) that they will be unable to fill the post. It is unreasonable of them not to advertise for another p/t employee. Please do not accept this situation. You need to assert your rights. Are you unionised? If so approach your union for advice. If not then please consider joining a union and/or introducing them to your workplace. Alternatively, CAB do offer advice. But it really is no substitute for a trade union.