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Job Share/Part Time Working in The AnswerBank: Law
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Job Share/Part Time Working

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may1day | 13:54 Fri 20th Jan 2012 | Law
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I currently work part time, the post was shared with another colleague and we had to work different days and had a handover of work, if not face to face but through e-mail.
My colleague has now left her post, which means her part of the job is vacant. I presumed her part of the job would be offered to me, I have been told no because we both had part time contracts and not job share contracts.
We did work on a job share basis and the job has the same post number and initially was covered by a full time worker.
How do I stand on challenging this ??
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A good employer would discuss this matter with you if you express an interest. I don't see you have any right to be given first choice, but you can apply. But maybe the employer preferes the flexibility and lower costs (NI etc) of having part-time staff
What happens when part of a jobsharer contract becomes vacant varies with the T and C of the employer. Some employers require that the whole job be offered as a whole job and the remaining jobsharer's post gets put at risk. If the post is filled by a full timer, the remaining sharer gets redeployed. You could apply for remaining hours?
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I have asked to work the other half of the post but obviously they dont want that. The contract of J/S within the employers contact state when a J/S vacates a post the is offered to the other J/S first. My problem is that they state that I have a part time contract not a job share one. Which is difficult because the work was shared and there was a handover of work.
Unfortunatly, it is cheaper for employers to employ part/time rather than full/time workers due to Employers NI contributions which are an added burden of employement. A lot of companies are realising the overhead cost of staff is cheaper with more employees doing less hours. Where do you stand? check your contract of employment, How many hours if any are stated there.
Sorry, I think they will keep you on and advertises for the other half of your job.
If you had a job share contract you would correctly expect to be offered the hours of your job share colleagues when she left, as this is usual and if this were unacceptable to you your employer would probably have attempted to recruit another person to job share.
If your contract is not a job share contract but a part time contract this may not be the case. If your employer is satisfied with your work they should be co-operative, talk to them again and ask why they will not give you a full time job, if this is what you require.
Question Author
I have tried but unsuccesful , think I am going to need some legal advice on this one. I know my contract sates I am Job Share but I had to change my days to work back to back with former colleague and we did have a handover of work, so in effect the employer has created a Job Share, surely they cant have it both ways.
Question Author
sorry meant to say contract states part time
read your contract and contact your union!

but yes, a good employer would offer you first refusal!

if you didn't want all the hours, then he has a point!

cath x
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I have and hey wont budge, its obvious they have someone else in mind
mmm! and you will have to train him/her no doubt! x
Tony's explanation is the same as mine. That's at least two people with HR backgrounds and experience saying the same thing to you. I am not legally qualified, my naturally working with various facets of the law gives one a pretty good grounding.
I don't think you can demand this, though I agree an employer should be explaining why your part-time contract will not be enhanced.
Go and get formal 'legal advice' if you wish - but do come back and tell us if you are advised anything different.
I'd get some advice on the matter if i were you. There's a free helpline at ACAS. Try them tomorrow moprning between 9am and 1pm.

http://www.acas.org.u...x.aspx?articleid=1410
^^ morning

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