The claimant held a temporary PA post with the respondent Council and went on her first period of maternity leave in November 2012 and returned to work in August 2013. She argued that the refusal to allow her to return to her original post was tainted by illegality as it was connected to her returning to work. She also argued that a recruitment process to fill the post was unjustified and her tenure should simply have been extended.

The tribunal rejected this argument, and agreed with the respondent that there was restructuring of internal posts particularly in light of the upcoming Local Government Reform that took place in March 2015. The claimant had originally been recruited in an internal