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I have a member of staff on maternity leave (well actually three members of staff, but that's another story!) who I don't think will return to work. I have employed someone to cover her maternity leave, but things are not going that well and I don't want to offer her a permanent post. Assuming the person on maternity leave says she's not coming back, how soon can I let her maternity cover go? She was originally employed to cover one person's maternity leave, then moved on to another maternity cover but hasn't got an official 'end date' as we were unsure when people would return to work. How would you handle this one?

Thanks in advance.

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If the people on maternity leave don't return, then advertise the full time job (assume you advertised for maternity cover to find the person you've got?) and tell the maternity cover person that they are welcome to apply but you have to follow employment laws and give all applicants an equal chance to get the job.


Could you consider changing the requirements? ie must be level 3, or have a degree? even if this is desired rather than essential? if the current maternity leave is already level 3 or degree, could you look at 'ideally candidate will have experience of SENCO role, key person role ect? anything that you can justifiably ask for?


You could just bite the bullet and explain why you wont take her on full time (easier said than done I know) and of course, check everything with ACAS first, you do not want to find yourself on the end of an unfair dismissal claim.

Good Luck xx

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