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Original poster

Help - need some HR advice

20 replies

nonewstoday · 04/05/2010 11:08

Hi

Have name changed to protect my and my employers privacy.

In summary, I am on maternity leave and have just found out my job share partner is resigning. What should I expect in terms of process now from my employer, and what is the worst case scenario if a replacement can not be found?

Thanks

OP posts:
RibenaBerry · 04/05/2010 11:18

They should be looking for a replacement just like they would if anyone else left.

If a replacement really cannot be found, they will need to consult with you about other options, but don't get ahead of yourself and worry yet.

Original poster
nonewstoday · 04/05/2010 11:22

Thanks - it concerns me that I'm not aware much has been done yet. I am due to return in 2 months - what if a replacement hasn't been found by the time I'm due to return? Apologies if I am getting ahead of myself but just want to get a good picture of what the next few months could hold for me

OP posts:
Original poster
nonewstoday · 04/05/2010 11:23

Oh, and have also had the comment that in some way I should be assisting in finding a replacement? Is there any truth in that?

OP posts:
RibenaBerry · 04/05/2010 11:33

It's not your job to find a job share partner, but since you have to work so closely you might want to get involved.

Don't mean to point out the obvious (and sorry if you've done this), but have you dropped your line manager an email saying "I hear X is leaving. As you know, I'm due back on Y, could you give me an update on what's happening? I'd be happy to arrange a time to meet any candidates if you think that would be helpful - we'll obviously be working closely together" Or something along those lines.

flowerybeanbag · 04/05/2010 12:14

What Ribena said.

Is there anything in your contract or a letter that says what happens in the event of one of the job share partners leaving? I always make sure it's spelled out so that there's no confusion and uncertainty about what happens.

I would usually put something to the effect that if one job share partner leaves, every reasonable effort will be made to recruit a replacement. In the event this proves impossible, the remaining job share partner will be offered the additional hours and will be consulted on options blah blah blah.

Original poster
nonewstoday · 04/05/2010 12:31

Thanks both

My offer letter (as Job Share) only states that

"Should there be a change to this job share agreement then it may be necessary for us to review your rota arrangement / job location with you"

I am meeting with my boss next week to discuss 'options' but am just concerned that they are not actively looking to recruit as it would be better for them to have 1 full time person in the role.

OP posts:
Original poster
nonewstoday · 04/05/2010 16:35

One more question, sorry!

I was originally doing the job full time until I went on mat leave the first time and then job shared for 2.5 years until I went on mat leave the 2nd time. I am not employed as 'part time' but as a ** Job Share - does this affect anything?

OP posts:
flowerybeanbag · 04/05/2010 21:07

Doesn't matter if you did the job full time years ago, no. And the fact that it's definitely a full time job you are formally sharing with someone rather than two part time positions might matter, yes. You could potentially be a bit more vulnerable as you are literally doing half a job rather than having a job which fits with someone else's job.

Original poster
nonewstoday · 05/05/2010 20:38

Flowery - thank you. I had a meeting today and was told that they are under no obligation to fill the job share vacancy, and every suggestion by me was met with a no from them

My instinct is they are pushing to have just 1 full time person in the position, but wouldn't explain to me what this means for me if I don't take it. I am willing to work 4 days and am working on a flexible working request at the moment.

Surely though I have the right to return into the role that I left when I went on mat leave?

OP posts:
flowerybeanbag · 05/05/2010 21:12

Ok now is the time to rely on your maternity leave protection as the job share contract doesn't give you much. If you are returning after 6 months or less, you are entitled to the same job back, if you are returning after longer than 6 months you are entitled to a suitable job on no less favourable terms and conditions.

I think your best bet would be to write to them, taking the opportunity to reconfirm your return date, and (assuming you're taking more than 6 months off) stating you understand that you are entitled to a suitable job on no less favourable terms and conditions. Reiterate what those terms and conditions were in terms of your hours especially. Request confirmation in writing from them as to exactly what job you will be going back to.

Put the ball in their court and force them to make a move.

Original poster
nonewstoday · 05/05/2010 21:16

Flowery - you are an angel...thank you Have spent all day on the phone and that is the most useful and succinct advice I've had. Thanks.

OP posts:
pinkfizzle · 05/05/2010 21:18

One other thought if you are going to assist in finding a job share replacement then you may wish to do so - but ensure you get paid - you are allowed up to 10 keep in touch days.

Original poster
nonewstoday · 05/05/2010 21:23

Pink - thanks. Yes, I have actually done 2 of those days this month to get up to speed with the changes that have occurred while I've been off.

OP posts:
pinkfizzle · 05/05/2010 21:26

oh and also you could try call the acas helpline.

Original poster
nonewstoday · 05/05/2010 21:38

Thank You - will look it up

OP posts:
pinkfizzle · 05/05/2010 21:51

Helpline- 08457 47 47 47

Original poster
nonewstoday · 21/05/2010 09:46

Hi....just popping by to say thanks for the advice again and to update...

It appears that my letter pointing out my rights to return to a similar role has worked, as I am now in talks with a potential job share

If this all works out, I would like to be 100% confident in the offer letter that we both get in order that if one of us did leave in the future, the other knows exactly where they stand. My last offer letter was very basic and did not have any detail in it except to say what my role and hours would be.

I have researched this quite a lot, and would like to ask if it is fair to request that the following be included in the letter. At the moment, my company does not appear to have a job share policy.

  1. What the role is with the addition of 'job share'
  2. What my working hours / days are
  3. What my pro-rate holiday entitlement is
  4. What the process is if one half leaves, i.e the other partner is offered the f/t role, if this is not possible then the p/t vacancy is advertised, if no-one is found then a f/t position is advertised and the job share partner is ideally redeployed into another role.

I appreciate your comments.

OP posts:
flowerybeanbag · 21/05/2010 09:50

Hoorah!

Yep all those sound like reasonable things to ask to be included, yes.

Original poster
nonewstoday · 21/05/2010 09:58

Great. Thank you - am really pleased with my little 'victory'...just annoyed that they tried to get away with something that now I'm aware of it, is such a basic right

Just one final thing (honest!) - if the situation arose again (and I'm not planning any more dc so maternity protection wouldn't come into it!) is the ultimate end of the line redundancy if there was never any other role to be redeployed into? I appreciate I am worrying about something that may prob never happen, but again, would like everyone to be 100% clear from the outset this time.

OP posts:
flowerybeanbag · 22/05/2010 09:18

Yes, if there was no job for you, taking on the extra hours wouldn't be a 'suitable alternative', so you'd be redundant.

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