Would this be unfair dismissal?

We employ a person to work every Wednesday to cover the job of another employee that works all the other days.

The "full timer" has now gone on maternity leave and we need to employ someone to take over her role. The part timer cannot. The candidate we have in mind wants only to work full time Mon-Fri

On this basis can we make the part timer redundant? can we argue that we have to restructure and therefore the need for the one day employee has gone - even though technically the job is still there but will be done by full time worker

thanks in advance for any help

Bob

No you cannot do this. Or you can - but if the employee has anything about them you will be in a tribunal before the ink dries on the redundancy papers. This is indirect sex discrimination. And that's a big payout if you loose, to say nothing of your legal costs. I would also remind you that since the other employee is on maternity leave, this is only a temporary cover anyway, and could lead to even further problems in the future.