Job Sharing Policy and Procedure - September 2020

1. Policy Introduction

Carmarthenshire County Council is fully committed to equality of opportunity in employment. The aim of the Job Share Policy is to provide opportunities to employees who prefer to work less hours or are unable to work full-time; to pursue and maintain a career within the Council; and enhance opportunities for flexible working at all levels within the organisation.

The Council recognises that job sharing can offer positive solutions to employees and the Council as the skills and experience of an individual can be retained and enhanced rather than be lost or underused.

The Council supports a range of temporary and permanent flexible working arrangements, to enable employees to achieve a balance between work and personal life. Job sharing is one of these arrangements.

2. Definition of Job Share

The Council has defined job sharing as a way of working where two people share a ‘whole’ or ‘full time’ position or post of at least 30 hours per week. Job sharing allows for a full week to be covered and enables flexible working in jobs which are not suitable to be carried out on a part-time basis.

It should be noted that no member of staff is under any obligation to enter into a job-sharing arrangement without his/her prior agreement.

This policy must be read in conjunction with the Flexible Working Policy and procedure Flexible Working Policy.

3. Scope

This procedure covers all Council employees excluding staff on the complement of locally managed schools, for whom the adopted policy for their respective school will apply.

External candidates who are applying for a job at the Council may also request that their application be considered on a job share basis.

4. Key Principles

All posts within the Council will be open to job sharing unless the Director/Head of Service in conjunction with the Assistant Chief Executive (People Management) or nominated representative considers that there are exceptional circumstances that make a particular post unsuitable to job share,

Posts should not be excluded from consideration solely on the basis of status, level, or managerial/supervisory responsibility.

Job sharers will be afforded parity of treatment with full-time employees. They will be considered in the same way as full-time employees for all employment purposes i.e. recruitment, promotion, performance reviews, grievance, discipline, etc.

Employees who elect to job share should be aware that it may not be possible for them to resume full-time work in their current post, and if they wish to work full time in future they will need to apply for any vacant full time post in line with normal recruitment and selection procedures. Successful requests to job share will result in a permanent variation of contract.

Failure to fully consider an application for job share from a female employee returning from maternity leave may amount to unlawful indirect discrimination on the grounds of sex, unless the treatment can be justified on objective grounds. Advice must be sought from the HR Team prior to consideration of the request and confirmation of the outcome.

It is the shared responsibility of the individual job sharers, with the support of his/her line manager, to ensure the job share principle works effectively and efficiently.

5. Roles and Responsibilities

Employees should

• Discuss their interest in job share arrangements with their manager.
• Submit a written request for flexible working in accordance with the Flexible Working Policy
• Respond promptly and positively to requests for further information and/or to attend meetings to explore options and solutions.
• Take ownership and responsibility for the success of an agreed job-share partnership

Managers should

• Respond constructively to informal discussions with applicants and employees about job sharing.
• Give due consideration to formal requests for job sharing arrangements, taking positive and creative approach to enabling requests where possible in light of the needs of the service.
• Consider flexible working options as part of their duty to make reasonable adjustments for disabled staff and job applicants under the Equality Act 2010.
• Comply with Flexible Working Policy and procedure when receiving and considering a job share request from an employee.
• Monitor and support the job-sharing arrangements to ensure it is operating effectively and seek advice from the relevant HR Advisor as required.

Directors/Heads of Service should

• Promote and maintain a culture that is supportive of a positive work-life balance and enabling in its approach to flexible working and job sharing.
• Give due consideration to formal requests for job sharing arrangements, taking a positive and creative approach to enabling requests where possible in light of the needs of the service.
• Ensure the organisation’s core values are applied in relation to consideration of request for flexible working, including job sharing.
• Where a job share application cannot be supported by the manager and an appeal is submitted by the employee, Directors/Heads of Service are responsible for ensuring that the appeal is considered in line with the Council’s Flexible Working Policy

People Management/Human Resources should

• Provide guidance and advice to applicants, employees, managers and Heads of Service/Directors regarding the Job Share Policy; Flexible Working Policy at all stages of the procedures, including appeals, and relevant legislative requirements.
• Monitor and review the working of the policy, including equal opportunity monitoring.
  Provide formal notification to the employee and payroll of changes to contractual arrangements (where applicable).

6. How Can Job Sharing be Introduced?

Job sharing can be introduced into a post in a number of ways:

• An existing employee formally applying to job share in his/her current post through the Flexible Working Policy and procedure.
• A joint application being made by two existing employees as a unit to share a post through the Flexible Working Policy and procedure.
• An internal/external applicant making a request for their application for a vacant post to be considered on a job-share basis through the recruitment and selection procedures.
• Two or more separate applications being made, whether internal or external, which can be matched together to form a job share unit.

7. Division of Posts and Communication

There should be no more than two job sharers in one post, and both must be able to carry out the full range of tasks and responsibilities of the full-time post. Please see Appendix A – ‘Different Ways to Job Share’.

The sharing of the duties and responsibilities of a post may take several forms. The aim in all cases is to ensure the most efficient means of operation. Division may be by projects, tasks, clients or merely time, as the case may be.

Great care should be taken not to confuse working arrangements with the job description. Although the duties may be divided, the overall responsibility must be shared. The partners should always be in a position to claim that at some time each had fulfilled the duties and responsibilities of the whole post.

There are no fixed rules for job sharers, however some of the more common examples are:

• On a split day basis, one sharer working in the morning and the other in the afternoon.
• On a weekly basis with each sharer working 2.5 days each.
• On an alternating basis working two days one week and three days the next.
• On an alternating week basis with where one job sharer works one whole week whilst the other works the next week.

The way in which the hours of the post are divided between the job share partners should be agreed with the line manager, in consultation with both employees, prior to confirming the job share arrangement.

Hours should be organised to suit both the service and the employees. However, the hours/days/weeks agreed with either job sharer should always be such that should a part vacancy occur, the working arrangement to be advertised will form a sufficiently viable package to attract new applicants.

The total hours two employees in a job share partnership can work will be the same as a full-time post, i.e. 37 hours per week. Where there is an unequal split in hours between the job share partners, the minimum number of hours one job share partner can work will be no less than the equivalent of two standard working days, i.e. 14.48 hours, with the other job share partner working the remaining hours of the post.

Where it is essential to have a changeover period between the job sharers, this will be achieved within the full-time hours of the post.

Communication is of the utmost importance in a job share partnership. Job sharers need to establish a clearly defined system for letting each other know what work has been undertaken and what is outstanding. Some job sharers do this via a diary or handover book, clearly noting what needs to be done on each particular day. If possible, time should be allocated for a hand over period which is an ideal opportunity to update each other and talk through the workload. The job sharers must also ensure that effective communication takes place between them and other members of the Team especially their line manager.

There may be occasions when both job sharers need to work at the same time, for example if there is an important meeting or training session that both need to attend. In these situations, it is suggested that one job sharer would change his/her hours for that week.

8. Application Procedure - Existing Job Holder(s)

An employee can make an application to the line manager for his/her current post to be considered for job sharing using the Flexible Working Policy and procedure.

If the proposal is agreed in principle the process of recruiting a job share partner will commence in line with the Council’s Recruitment and Selection Policy.

The employee who makes the request will continue to work their full time hours in line with his/her existing contract of employment until a job share partner has been recruited and agreement reached with both partners on the division of the post.

If, after advertising twice for a job share partner, the remaining job share post remains unfilled the employee will continue to work their full-time hours and further discussions will be held about the viability of job sharing. Other flexible working options may need to be considered at this stage between the manager and employee, e.g. working 4 days per week instead of 5.

Alternatively, two existing employees may approach his/her manager(s) with a job share partnership proposal for one of the posts they currently occupy, to be considered in line with the Flexible Working Policy.

Where the post holders currently occupy posts on the same grade and each partner meets the essential requirements of the person specification for the post in which they are proposing to job share, the manager can consider accepting the job share proposal on a trial basis of up to 12 weeks prior to confirmation on permanent basis.

There may be circumstances where two existing post holders on different grades and skills sets approach their manager(s) with a job share proposal. In these circumstances it is inappropriate to match and trial the partners and normal recruitment and selection procedures should be followed to seek a suitable job share partner for the individuals concerned.

9. Recruitment and Selection

When a full time or job share portion of a post becomes vacant the following recruitment procedure will apply:

• All recruitment advertising for a full time/job share portion of a post, both external and internal, will include a general statement indicating that the post is available for job share (unless an exemption has been agreed).
• (The Job Share Policy will be accessible for applicants to view on the ‘Job’s and Careers’ page of the Council’s Corporate Website.

In drawing up a shortlist and making an appointment the provisions of the Recruitment and Selection Policy and Procedure will be followed throughout.

Each candidate applying for a post on a job share basis (with or without a partner) will be interviewed and assessed individually and selected purely on merit and suitability for the post against the selection criteria.

Where a job share candidate is selected, the remaining part of the post should be offered, on a job share basis, to other applicants in strict descending order of suitability for the post irrespective of whether their original application was for job share or not.

If no suitable candidates accept the post on a job share basis, the post should be advertised again, on a job share basis.

While another job share partner is being sought the manager should consider what temporary arrangements can be made to cover the remaining hours, for example, acting up, temporary cover etc. Alternatively, the successful applicant may be requested to work additional hours up to full time basis on a temporary basis, however there will be no requirement for him/her to do so.

If, after a reasonable period of time (no less than three months, no more than six months) no suitable partner is found then the following procedure will apply:

• The successful applicant appointed on a job share basis will be offered the post on a full-time basis; or
• If the employee does not wish to accept the post on a full-time basis s/he can propose an alternative flexible working arrangement for consideration by the manager, e.g. working 4 days per week instead of 5.

If neither of the above options is considered viable by the manager and/or employee and following discussion with a HR Advisor the following shall apply:

• Exploring redeployment to another vacant job share or part time post in line with the Redeployment policy and procedure; or
• Once the above options have been fully explored, the appointment of the remaining job sharer will be terminated with due notice.

Once suitable job-share partner(s) are identified by interview and it has been decided to offer the post(s), formal offers of appointment will be made subject to agreement on working arrangements, between the line manager and job-share partners.

If no formal agreement on the details of the individual job share can be reached then the appointment will not be confirmed and the post(s) shall be re-advertised.

If one job sharer leaves, the vacant portion of the job share post will be reviewed by the budget manager and subject to service delivery needs, budgetary position etc the remaining portion of the job may be offered to the other partner.

If the remaining partner does not wish to cover the full hours then the vacant job share post will be re-advertised as a job-share vacancy in accordance with the normal vacancy approval process and Recruitment and Selection Policy and Procedure.

10. Conditions of Service

All terms and conditions of employment will be applied consistently in the same manner as a as a full-time employee, with payments, allowances and holidays being pro-rata to the number of hours worked.

Specific features, where different, will be included in the employee’s Statement of Particulars:

Statement of Particulars

Each job share partner will be issued with an individual statement of particulars.

The contracted hours will be individually stated for each job sharer. The total hours worked shall equal and not exceed those of the full-time post. The job description and person specification will be the same as the full-time post.

Probationary Period

All new employees to the authority will be subject to the satisfactory completion of a probation period in line with the Council’s Probationary policy and assessed in the same way as a full-time employee.

Rates of Pay

The salary will be calculated on a pro-rata basis in accordance with the grade and number of hours worked. Commencing salary will be determined on an individual basis in accordance with Council’s Recruitment Salaries Guidance. Jobshare partners may be on different pay points within the same grade based on objective criteria as outlined within this guidance.

Increments

Incremental progression will be in accordance with conditions which apply to fulltime employees. Individuals who share jobs may be placed on different incremental points at commencement in line with the Council’s Recruitment Salaries Guidance. Your HR team will provide advice in these circumstances.

Overtime/time off in lieu (TOIL)

Each job sharer would not usually be expected to work beyond their contracted hours. However, if there is an authorised request to do so e.g. to cover sickness absence of their job share partner, then any additional hours will be paid at the normal hourly rate (no enhancements).

If a job sharer is required to work additional hours beyond the 37 hour working week or beyond the contracted working pattern that averages a 37 hour working week (e.g. rota/annualised hours) then the applicable overtime hourly rate is payable.

If the employee requests TOIL, then the Manager may agree this, based on the actual hours worked.

Standby and call out requirements

Where standby and call out is a requirement of the post, this should be shared between the job share partners on a rota basis. Payment will be made at the prevailing rate according to the agreed standby rota and individual call out. Job Share partners can agree to swap or amend their standby/callout rotas between them but must advise their manager/Careline of any such changes.

Annual Leave

Leave entitlement will be pro-rata to the hours worked and calculated in line with the Council’s Annual leave and Holiday Pay Policy

Public Holidays and Statutory Holidays

Public/Bank holiday entitlement will be shared between the job share partners on

Example:

Job share partners each work 2 ½ days per week:

• Partner 1: Monday, Tuesday and Wednesday morning, and
• Partner 2: Wednesday afternoon, Thursday and Friday.

Each are entitled to 4 Public/Bank Holidays but during the annual leave year 6 public holidays fall on a Monday and 2 on a Friday.

Jobshare Partner 1 is not entitled to 6 public holidays so can either book annual leave for the excess 2 days or work the equivalent hours back on mutually agreed days.

Jobshare Partner 2 is entitled to 4 public holidays, 2 of which fall on a Friday during his/her normal working week and the remaining 2 can be taken at a mutually agreed days.

a pro rata basis. If a bank holiday falls on a working day those hours will be debited from the bank holiday entitlement.

Where the job is shared on a split week basis it is likely that one job share partner will benefit from more bank holidays than their entitlement will cover. Any shortfall in public/bank holiday leave entitlement must be deducted from annual leave entitlement or additional hours worked to balance the hours.

Excess public/bank holiday leave entitlement may be booked at other times of the employee’s leave year, in the same way as annual leave.

Statutory/Occupational Sick pay

Entitlement to sick pay will be in line with Statutory Sick Pay Regulations; Council’s Occupational Sick Pay Scheme and Sickness Absence Policy.

Maternity Leave

Job share employees will be entitled to maternity leave and/or maternity pay in line with Statutory Maternity Pay Regulations and the Council’s Maternity Policy.

Pension

Job sharers will be entitled to join or remain in the Local Government Pension Scheme. However, job share employees should be aware that reduced hours affect pension benefits.

Full time employees wishing to job share should seek advice from the Dyfed Pension Fund or Teachers Pension Scheme prior to entering a job share working arrangement so that the impact on their pension benefits can be clarified.

Special Leave

Applications for special leave as laid down in the Council’s Time Off Policy will be considered in the same manner as full-time employees and will be granted pro-rata to the hours worked.

Absence Cover

Where one partner in a job share post is not at work due to sickness, maternity or other leave the remaining job sharer may be asked to work additional hours up to but not exceeding the full time hours of the post (subject to authorisation). Where one partner is on annual leave the remaining job sharer would not normally be asked to work additional hours unless it is essential for maintaining service delivery.

The job sharer is not under any obligation to undertake these additional hours.

Travel and subsistence

Where it is necessary for job sharers to undertake business related travel to fulfil the responsibilities of the job, travel and subsistence will be reimbursed in line with the Council’s Travel and Subsistence Policy for authorised journeys undertaken by each job share partner.

Performance objectives and development opportunities

Job share partners will have joint objectives in terms of the requirements of the role but will have individual Helping People to Perform (HPP’s) performance appraisals. This will focus on personal contribution to the objectives in addition to exploring personal development needs and performance.

Job sharers will have access to training and study leave on the same basis as full-time employee’s pro rata.

Promotion

Job sharing partners may apply for promotion on an individual or joint basis. Where it is a joint application, they will be interviewed separately and for them both to be appointed, they both must each meet the requirements of the post.

Secondary Employment and Employee Code of Conduct

Subject to the provisions laid down in the Council’s Code of Conduct, job share employees are not precluded by their contracts of employment from accepting other employment outside their normal contractual hours.

However, under the Council’s Code of Conduct there is a general requirement on all employees not to undertake additional work, which might conflict with the Council’s interests or have a detrimental effect on the employee’s work with the Council. Employees are advised therefore to pay particular attention to Sections 8 and 9 of the Code of Conduct in respect to this matter. If in doubt, employees should seek advice from their line manager before undertaking other employment.

Flexi-time and job share

Working in a job share partnership does not preclude employees from participating in the Flexi-time scheme. This should be considered as part of the application procedure and agreed by the Line Manager if it is feasible from an operational perspective.

Termination of Agreement

It will be necessary to include in the contract of employment for the jobsharer a clause to the effect that, should the authority not be able to recruit a suitably qualified person to fill the part vacant job share post and if the existing jobsharer is unwilling or unable to work full-time, the Authority reserves the right to terminate their employment under the Scheme by the giving of the appropriate period of notice, as specified in the Employment Rights Act 1996. Such action would only be taken after consultation with the existing job sharer and his/her Trade Union Representative, if s/he so wished, regarding the various options available at that time.

11. Ensuring Equality of Treatment

All employees are required to adopt a positive, open and fair approach and ensure the Authority’s Equality and Diversity Policy is adhered to and applied consistently to all irrespective of race, colour, nationality, ethnic or national origins, disability, religion and belief or non-belief, age, sex, gender reassignment, gender identity and gender expression, sexual orientation, pregnancy or maternity, marital or civil partnership status.

In addition, the Welsh Language Standards ask us to ‘ensure that the Welsh language is treated no less favourably than the English language’ and this principle should be adopted in the application of this Guidance.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR Team who will, if necessary, ensure the policy/procedure is reviewed accordingly

If you require this publication in an alternative format please contact People Management:  PMBusinessSupportUnit@carmarthenshire.gov.uk

Appendix A

APPENDIX A - Different Ways to Design a Job Share