What happens if a job-share partner resigns or is dismissed?
A job-share arrangement requires that there are two suitable employees available to share the role. What happens if one half to the job-share agreement resigns or is dismissed should be agreed at the outset of the arrangement.
A flexibility clause could be included in the job-share employees' contracts, requiring the remaining employee to revert to full-time working, or part-time working in a non-job-share role. The employer must exercise this flexibility in a reasonable manner.
If the remaining job-sharer cannot work full time, the employer should take all reasonable steps to avoid having to terminate their contract. For example, it should:
- attempt to recruit a replacement for the employee who has left;
- accommodate the remaining employee in the existing job on a part-time basis if possible; or
- look for alternative work for the remaining employee.
Dismissal should be a last resort. The employer may be able to rely on "some other substantial reason" as a potentially fair reason for dismissal. The employee would have to have been aware from the outset that dismissal could result in these circumstances.
There may also be a risk of a claim for indirect sex discrimination and a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
