Employment law question

[Prolex-UK]

My better half has been covering for someone on maternity leave for the same person for 2.5 years now (continuous).

Its for a local authority.

There is a re structure pending with the 4 posts (1 of which she is covering) reducing to 3

Her substantive post is not being deleted as part of the re structure

She has been told by the Council HR dept that as she is not the permanent postholder (of the jobs up for restructure)and her "normal" job is not affected she can't apply for one of the 3 posts.

I thought that if you were covering for a job for such a long time you were treated as if you were the permanent postholder.

Am I mistaken ?

Thanks

[stevensdrs]

Yes. You are mistaken. It sounds as though the local authority are getting rid of the person on permanent maternity leave by making the post redundant.

[New POD]

No idea, but the HMRC likes to chase contractors who have been in one role in one company too long saying they are permanent really.

[zaphod42]

"Covering someone" - explain more? What was her role before? What was she hired to do? Transfer? contractor? Fixed term contract?

[Prolex-UK]

she is a permanent member of staff worked there for 11 years now last 2.5 covering maternity leave

[edc]

Has she been seconded from her role to cover the maternity leaver? If so, then her normal role is that which she came from and she would go back to that. Those remaining in the pool at risk will then go through some form of selection process (or in this case application process). The remaining roles will be ring-fenced for those at risk.