Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you been doing the job share?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all.
Hi there apologies for the delay in responding, Virgin internet had a meltdown in our area and the service was down for most of yesterday.
Going back to your query, it is entirely possible for an employer to request that you cover each other’s absences – that is not uncommon. As part of the terms of allowing a job share the employer may decide to make it a condition that you have to cover your absences in such a way. They do have the right to refuse holiday requests if there is insufficient cover for that time.
In terms of accruing holidays for the extra time you have worked covering each other, their interpretation is somewhat incorrect. You accrue holidays as you work the days so you would not have to work an additional number of days before you accrue holidays as doing so could amount to detrimental treatment under the Part Time Workers Regulations.
This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further if needed, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In the first instance you could consider raising a formal grievance internally with the employer. As mentioned the requirement to cover each other is not unlawful so the only other issue may be the holiday aspect where you cannot accrue holidays straight away for the extra time worked. This would be something you have to challenge in the employment tribunal.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here: