An employee started 7 weeks ago in a job share position. At the time, and in the offer letter, it was clearly stated that she would be required to cover the agreed holidays of her job share partner. She agreed without hesitation to this, and on commencement agreed, in writing, to cover 2 specific days of holiday.
She now says that she cannot cover these days, as her partner would lose 2 days pay if he were to take the time off, and she cannot find anyone else to look after her child.
As a very small employer (11 employees), this has caused real operational difficulties.
Is she in breach of contract?

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