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 (SOSR) as a potentially fair reason for dismissal and the employee would have to have been aware from the outset that dismissal could result in these circumstances.