Can a job-share legally add up to more than 100%?

[bayleaf]

I have come home from work furious because as part of a job share I have just been told that both of us will have to do the same breaktime duties ( I teach)as a full time member of staff.
I've refused - stating that as a job share we work pro rata ( well actually we do a damn sight more - but I REALLY object to the way this has been handled!) only to be told that despite all the paperwork saying that we're a job share, senior management have decided that technically we're not now because I do 3 days and my other half does 3.5. We do this because the school needs extra hours - and we found it helped us too because the overlap helped us to communicate better ( usually doen by e mail) as obviously we share most classes.
I tried to ring the union - but they had shut down for the weekend - so does anyone out there know if a job share can only be 100% of a 'normal' work load - or if, as we do, we share the duties of a normal teacher ( but have an extra 2 classes between us up on the normal number becasue of the extra time we have) - we can still legally be a job share??

I'm not sure I've expressed this very coherently - I'm just so cross and wound up that I'm not sure I'm capable of being coherent!

[leese]

I don't know either Bayleaf, but don't worry, you were coherent enough. Not surprised you are angry - I would be fuming - especially as part of the reason you are doing slightly more than a true job share is to help the school! Cheek! Surely if you've signed a contract as a job share, then that is what you are, and breaktime duties etc should be porioned accordingly. Besides, don't understand them giving you the same as a full time teacher, as your hrs are still part time, job share or not!
Get onto the union first thing Monday Bayleaf - and give us an update!

[mears]

Sorry Bayleaf - a jobshare is just that. The total hours worked by both parties should equal 1 full time post. Technically hours worked over that limit are overtime. If you are both needed to work those hours why do you not dissolve the jobshare and be contracted for the equivalent part-time hours?

[bayleaf]

I had no idea until yesterday that I might not be in a job share - it was 'convenient' for senior management to start saying (all of a sudden after over a year) that we might not be a job share ( despite having a signed contract saying that we are which was done when they knew we overlapped - the overlap is not a new thing)when I was quoting my 'rights' as part of a job share. I have no idea of my rights as a part timer - tho logically they ought to be the same! - and we are certainly a job share in spirit! We do not share our classes with a variety of people as a part timer might - just with each other. I will have to ring the union on monday and find out what rights part timers have re- pro rata duties.

[sis]

Bayleaf, there is no legal provisions relating to the "rights and obligations of job-sharing", however, there is law on the rights of part-time workers. This states that part-time workers should not be treated less favourably than full time workers comparators (ie someone doing the same job but on a full-time basis).

Where "benefits" are concerned, part-time workers should get pro-rata benefits that the full-time comparator gets and, although the law does not specifically say so, it would certainly be in the spirit of the law that part-time workers should also have pro-rata "chores" of full-time employees. If this were not the case then employers could demand that part-time workers do the same amount of work as their full-time colleagues but in less time!!

In your case, whether you are in a job-share or not is a bit of a red herring as far as law is concerned but if you are covered by a collective agreement then it may be important. HTH

[bayleaf]

It does Sis - Thanks! I can now send my job share partner ( or not!) into 'battle' on Monday morning in full posession of the facts!