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Job share leaving - company wants full timer

26 replies

Jobsharer · 12/06/2023 18:20

I’m not sure if anyone has experience of this or can give some advice. My job share colleague is leaving. We do 3 days each (1 day overlapping), each covering the same responsibilities (although my colleague produces some additional reports, not because I’m not able to but because they have been in post more years and have assumed this function).

The company now wants to employ a full timer to cover the role, advertising it as a slightly fancier title with the expectation of being experienced in the reporting capability (at a higher grade). They have not attempted to recruit another job share. I was asked if I wanted the full time role, however, my personal circumstances don’t currently allow for this. I have made it clear I would be disappointed to lose the functions of the role and I have offered to work 4 days and take on any training to be fully competent in the reporting function. It’s not entirely clear what I would be doing if not this role, but I would be more of a ‘jack of all trades’.

Someone (external) has applied for the full time role who has no experience of the precise function of the role, just some general capabilities. I am very upset about this. I joined the company during COVID times and had no induction or training. I’ve had to learn things as I go along. My colleagues are lovely but I have sometimes felt like the office junior as they’ve been there so long and they don’t readily hand over responsibilities that I’m more than capable of handling. I have been a committed and enthusiastic employee with positive feedback (taken on permanently after being on a fixed term originally). I’ve been very flexible with my job share, working different patterns and extra hours when required by the company. I have always worked more than the hours I’m paid for. I now feel totally overlooked and gutted that I’m effectively being replaced. My job description details the responsibilities that I’ll be losing.

If the applicant is employed in the full time role, I want to resign.

Does anyone know what my rights are please?

OP posts:
Quveas · 12/06/2023 18:32

I sympathise with your position, but you have no rights here really. Legally, it isn't "your job" - it has a different title and is at a higher grade. They didn't have to offer it to you, but they did, and you refused. So that would make you redundant unless they find you a suitable alternative role (on around the same terms as you are currently on). If you resign, you have no chance of redundancy pay. The chances of unfair dismissal would be very slim.

I don't know how you know that this external person hasn't got the right skills - the employer shouldn't be sharing such information with you really - but that is the employers problem to resolve, not yours.

I have been where you are, and it feels shit. The best way to feel better is to get a better job with people who value you more. I appreciate they could have been more flexible, but you can't force them to be.

APurpleSquirrel · 12/06/2023 18:57

When did you start working with this company? Is it more than 2 years? If so, you may be entitled to redundancy pay if they can't find a suitable replacement position within the company.
If I was you I'd start looking for a new role elsewhere, but in the meantime wait & see what happens. If they don't/can't offer you a redeployment post they will have to make you redundant & whilst not much is better than resigning with nothing.

Whereisthesun99 · 12/06/2023 22:10

Sorry you are in this position, is there a possibility the roll could be covered by yourself and the full timer? I work in a team where there is a full time person then two people in a job share only their hours don't cover the hours needed by the team . They won't increase their hours or cover for each other, leaving it all to fall on the full times shoulders. I can see the same thing happening if one of them leaves , role will be made into a full time position.

Tippingadvice · 13/06/2023 00:33

@Jobsharer do not resign unless you have a job to go to. It is their responsibility to discuss with you what their plans are for you.

You need to do two things one is start looking for a new job, this is your back up.

The second thing is step back and look at the job description and what you do. Write down the tasks you are 100% familiar with, the tasks you need some additional coaching training and the tasks you can’t do e.g. report writing. Then look wider than your role and list at where there are tasks you would be able to do if trained which would help the team or even wider than your team. Use this to build an outline job description with the functions you could continue to do, new tasks you can take on and the training and development you need to fill gaps in your knowledge and skills or train you on new tasks.

If you are both doing 3 full days it’s more than 1 full post e.g. 1.2 FTE (Full Time Equivalent) so you should keep 1 day (0.2 FTE) of your current role. So you need to consider how you can fill the other 2 days.

This is your managers job, but by being proactive and setting out a proposal with development for you, you are demonstrating initiative, a willingness to change and develop plus you can pick some of the tasks you want to keep.

SouperWoman · 13/06/2023 00:55

@Jobsharer i think pps have got this wrong. Your role has not been made redundant. It still exists and you are still employed to do it 3 days per week. If the company chooses to replace your job share colleague with a full timer they have the following options

  1. the new full timer jobshares with you 3 days per week and does other duties (a different role) on the other two days
  2. they offer you something else that is equivalent (same pay, hours, etc) and you agree to it
  3. negotiate an exit package so you are happy to leave

Whilst they could try to suggest your role is redundant and create an alternative full time only post, if the new role is broadly similar to your current one, they would be treading a fine line on Equality discrimination legislation. As a part timer you could argue indirect sex discrimination and you do not need to have been in post for 2 years to have a case.

this is assuming that you have a contract for part time job share/ your contracted part time hours and are not in a trial period of this working model.

Good luck. Personally I’d go for option 3 as they are not acting in good faith. You deserve better.

Aprilx · 13/06/2023 05:39

I am not quite sure what the crux of your issue is here. If it is simply that you don’t want to work with a full timer, then that is too bad, they are entitled to recruit as they see fit. You were offered the job and you declined, your employer has thought about alternatives.

The only genuine complaint you could have here, is if they are suggesting your role will be redundant because of the new role. In this case, I agree with the poster immediately above. This is not a redundancy situation, a part timer cannot be made redundant because they want a full timer. That is the very opposite of redundancy, redundancy means not enough work not a surplus of work. However you haven’t actually said that this is your complaint anyway and have talked about resigning rather than any redundancy.

AfterEightsPlease · 13/06/2023 08:05

I can’t see that you are being replaced OP. As they offered you the role, you declined so they now want to take on a full timer. It’s entirely their call really. Why don’t you want to work alongside them?

BernadetteRostankowskiWolowitz · 13/06/2023 08:07

Or can you just see it as two more shifts added to the tasks, so you'll both be able to tackle a bit more work, or have more time to get stuff done?

Maybe when jobsharer they said there was too much work?

Newtt · 13/06/2023 08:10

If they have offered you the full time role and you could do 4 days - could you offer to do full time in condensed hours over 4 days?

if they have just offered your job full time, I would apply for the ‘poshed up’ full time job that has been advertised- then ask for flexible working.

You don’t really have much to lose if you are going to leave anyway….

Good luck! Be assertive and ask for what you want - you’ve got no chance of getting it otherwise!!!

Jobsharer · 13/06/2023 19:44

Thanks for your replies. After some awful communication/underhandedness, I’ve resigned to keep my pride. They’ve employed someone completely inexperienced in the role simply because they want a full timer; no consideration about finding another jobsharer, even though it’s proven to work. I’ve been so flexible and gone above and beyond. The person ultimately recruiting and their deputy both work 4 days…

My line manager has asked me not to leave,
although they were ultimately responsible for the awful communication which has led to me feeling so hurt. (I found out on the grapevine rather than the horse’s mouth.) Before I put my big girl pants on and directly asked my line manager what’s happening, the recruitment lead gave some bullshit about me being appreciated. Bollocks! I’m not being made a mug of. I feel a bit sorry for the new employee, who I’m sure has no idea of the situation. They came in today to bring some paperwork and went ‘see you on Friday’, even though my colleague and myself didn’t even know they’d been offered the role!

My jobshare colleague leaves next week. There’s nothing in my contract about training others and I had to learn on the job so good luck to the newbie! My goodwill has run out. I will be strictly working to rule now. I wonder who they’ll get to deal with all the shitty jobs that they thought I’d tackle.

Without divulging too much info, this is a responsible role with others depending on it being spot on. Not blowing my own trumpet, but I’m good at the job. I will be sorry to leave the company and my other work colleagues but I need to walk out with my head held high.

OP posts:
SouperWoman · 13/06/2023 23:23

Good for you @Jobsharer

please take a look at my previous post. I think you may have grounds for a constructive dismissal claim on the basis of part-time worker (sex) discrimination. Contact ACAS to talk it through.
https://www.acas.org.uk/contact

Good luck Flowers

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Quveas · 14/06/2023 00:20

SouperWoman · 13/06/2023 23:23

Good for you @Jobsharer

please take a look at my previous post. I think you may have grounds for a constructive dismissal claim on the basis of part-time worker (sex) discrimination. Contact ACAS to talk it through.
https://www.acas.org.uk/contact

Good luck Flowers

Your previous post was wrong, and so is this one. In order to claim constructive unfair dismissal the OP would have needed to go though the full grievance procedure. They didn't. There was no fundamental breach justifying resignation without doing so. And they didn't hang around long enough to find out what the employer planned in terms of their role or suitable alternative employment. They may have their pride, but they have no case. They made a choice, and they were entitled to do so. But that is the end of the matter.

In terms of saying that the role was not (potentially) redundant - it was. The full-time role was a higher grade, different responsibilities. So a different job. It may have incorporated some of the OP's tasks, but in any restructure tasks will be re-allocated / re-arranged to suit the employers requirements/ It was not and never was a like for like replacement. The employer may have retained the OP at the same grade and hours with a slightly amended role, or may have offered them a suitable alternative, or may have offered redundancy. But they will never know.

Aprilx · 14/06/2023 07:24

SouperWoman · 13/06/2023 23:23

Good for you @Jobsharer

please take a look at my previous post. I think you may have grounds for a constructive dismissal claim on the basis of part-time worker (sex) discrimination. Contact ACAS to talk it through.
https://www.acas.org.uk/contact

Good luck Flowers

I am absolutely baffled as to how this could possibly be constructive dismissal. Apart from the OP not trying to resolve internally, all the company have done is recruit somebody because they feel they have a role to fill. They are entitled to do this. 🤷‍♀️

IncomingTraffic · 14/06/2023 07:59

I really don’t understand why you’ve thrown a big tantrum about this.

Rather than viewing it as a ‘job share’ where they’re not recruiting another person to add up to 1.2, it would have been better to view your role as 0.6 in isolation from anyone else.

Someone also 0.6 in a similar role (but with some additional responsibilities) has left. The company have decided to recruit, not a direct replacement for her, but a slightly more senior FT role. They’ve even offered you that role if you’d like it (which is offering you a promotion). They might have back-filled your PT role if you’d said yes.

BernadetteRostankowskiWolowitz · 14/06/2023 08:28

OP have they actually said they will be making your role redundant? I don't understand why you are so unhappy?

Currently across two of you, there are 6 shifts covered. One person leaves and they recruit in a way which now has 8 shifts covered. Why aren't you just happy that there's a few extra man hours in your dept?

Jobsharer · 14/06/2023 17:14

The reason I am so upset is the new person will basically take the main function of my role, one that I really enjoy and am good at. (I’d be given scraps.) They have zero experience of the role or the type of environment we work in.

Sounding contradictory to what I said in my original post, although the role was on the table for me, I think they were sure I wouldn’t accept, having already declined being made full time
previously. (To clarify, the work can (largely) be covered between myself and my jobshare. Occasionally it might be nice to have an extra pair of hands.) My line manager said the recruiter was keen to get someone full time and fully qualified and this was made clear in the job ad. They have now employed someone inexperienced who will presumably be put on the higher pay band advertised.

After an initial discussion (after jobshare resigned) with my line manager when I made it clear I would be disappointed to lose the main function of my role to someone else, I then put this into writing before the application deadline at the end of May and offered to take on the role over 4 days and undertake training to ensure I was fully conversant. (I already am responsible for this function.) I was told a review would take place.

On Monday, someone arrived and - not being the fool I’m being taken for - I immediately realised they were coming for an interview.

The recruiter came into my office yesterday to say how much I’m appreciated. Due to my knowledge of this particular character, I knew this inferred they were going to employ the new person. Lo and behold, the person later arrived in the office with some documents and said to my jobshare ‘see you on Friday’. My colleague, myself and another colleague don’t even know the person’s name and no one has imparted any info. (Even today I’m none the wiser.) I was so incensed, but knowing I would be too upset in person, I contacted my line manager from home
via telephone. They confirmed they have employed this person and that they are inexperienced.

With voice cracking, I pointed out how dreadfully I felt I have been treated. My line manager agreed and accepted their failings. They said they didn’t have time to speak to me but would have been discussing how I could work together with the new person. This wouldn’t happen, as the new person would basically be taking on the main function. At no point has the company considered advertising for a job share. This job share works! The new person will basically be doing my role and I am incredibly upset. I immediately resigned, as frankly I don’t want to look an absolute mug. My line manager tried to persuade me to reconsider but it’s too late. As a common courtesy I should have been kept informed.

The recruiter has form for upsetting people with their ‘frankness’. Their deputy recently resigned with no job to go to due to their awful behaviour. The company itself is going through a period of flux, with many staff members leaving (many who’ve been there for a long time). It is quite embarrassingly bad in many ways but I enjoy my role (the main function particularly) and there are still many colleagues who I will be sorry to leave. My jobshare has been treated poorly, with no senior staff acknowledging their resignation or the contribution they have given to the company over many years.

Going forward, my line manager has not spoken to me today so I’m still none the wiser about what will happen now. (Supposedly they are upset about the situation.) Presumably when I return on Monday, the new person will be in post.

My job description doesn’t cover training new colleagues. (Although from memory - I’m not at home - it might have a catch all about other other responsibilities as necessary.) I can’t bear the thought of training this new person! I know it’s not their fault. I am also stressing over being there for another 4 weeks. I have asked if it’s possible to go as soon as possible, but I doubt that will be allowed.

On a more positive note, I have been offered an interview somewhere else today. However, I can’t shake the feeling that I’ve been backed into a corner and made to leave a position I enjoy.

OP posts:
HermioneWeasley · 14/06/2023 17:21

Ignore @SouperWoman this is not grounds for constructive dismissal. You are unhappy with your job and the way it might be organised going forward and you have done what thousands of people in the same situation do every day - you have resigned.

HelplessSoul · 14/06/2023 18:07

You were offered the role full time.

You turned it down.

Your employer has no legal obligation to tell you how they then propose to fill that void once you turned it down.

You can be as angry/upset as you like, but the employer hasnt done anything wrong.

Its very clear you've thrown your toys out your pram - no wonder your manager hasnt spoken to you. Your behaviour is the cause.

drpet49 · 14/06/2023 18:19

HelplessSoul · 14/06/2023 18:07

You were offered the role full time.

You turned it down.

Your employer has no legal obligation to tell you how they then propose to fill that void once you turned it down.

You can be as angry/upset as you like, but the employer hasnt done anything wrong.

Its very clear you've thrown your toys out your pram - no wonder your manager hasnt spoken to you. Your behaviour is the cause.

This. You sound way too invested and emotional in all this OP.

Preps · 14/06/2023 18:24

Are you on a job share contract or just share a job in 2 x PT contracts? It makes a big difference.

When I was in a similar situation, I got excellent advice from a charity called Working Families

swanling · 14/06/2023 18:58

How have you been backed into a corner?

To resign over the situation described seems extreme.

IncomingTraffic · 14/06/2023 19:01

Your update just makes you sound like incredibly hard work.

Another role doing the same thing doesn’t even mean you wouldn’t be doing the function any more. Why would it?

There’s not even any skullduggery. They told you they would recruit this way. Offered you the role. You didn’t want it. So they interviewed someone else and - without actually knowing anything - you e decided that you must be insulted because this person is somehow not good enough in your opinion.

Sounds like you resigning is a lucky break for the person joining the team.

Bananaandpecan · 14/06/2023 19:12

I personally think you've overreacted in the heat of the moment.
You don't even know the new persons name let alone their experience of the role.

If you can afford to be unemployed whilst looking for a new job then that's fortunate but I do wonder if you'll regret resigning in the heat of the moment to save "being a mug".

In your shoes and feelings I'd have waited to see how it played out with the new employee, chances are it could have worked out great. If not then you could have properly planned your resignation/job hunt.

Jobsharer · 14/06/2023 19:21

I’m emotional because I enjoy my job and do it well. I’m hard working, not hard work. You don’t know me. If you did, you might like me. You might even have some empathy. Anyway, I’m bowing out now because I don’t need to be made to feel shitter than I already do. I’ve got things off my chest and will remain professional. I’ll even make the new starter welcome, as I’m actually an incredibly friendly and helpful person. Onwards and upwards.

OP posts:
HelplessSoul · 14/06/2023 20:08

I don’t need to be made to feel shitter than I already do.

Er, thats on YOU.

MN members have not done anything to make you feel bad - folks have commented on the back of what you have written and done.

Point the finger back at yourself, not everyone else for your antics. No one here told you to resign. 🙄🤦‍♂️🤷‍♂️

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