New employee unable to return to office

[monotonousmum]

Someone on my team started working for us in December - a few days before we were told to work from home again. Employed through and agent, not direct - if that makes a difference.

Happily (it seemed) was in the office for those few days. We were only doing one day a week each in the office at that point.
I wasn't happy about the return home, as it makes training very difficult and she's not had an easy start because of that. I've kept her on easy tasks for this reason, until we return and can do proper training. She seems OK so far, just desperately in need of more training.

Next week we are due back in the office - this was discussed last week (2 weeks notice) and I've said I'd like her in the office 3-4 days a week to start, to attend training. All agreed, no issues.
This would then drop down to 2 days a week in line with the rest of the team, once fully trained and capable of doing any part of the job from home.

She's now gone to my collegue to say she can't return more than one day a week, if at all, and has got a doctors note to confirm this.

I'm not really interested in whether or not I should believe her, she has a doctors note and I'm not going to accuse anyone of lying. Not mentioning it to me when discussed has pissed me off, and in December there didn't seem to be an issue attending the office every day (ongoing medical issue - not new). But we are where we are.

We were clear in the interview that currently the team were doing one day a week in the office but this was due to increase, and they must be able to work from the office full time if that's what the business decides.

My AIBU:
Would it be unreasonable/unprofessional/illegal to say, 'if your medical issue prevents you from attending your place of work then you're off sick until it's resolved'?

I know there is some work she can do from home, but it's not sustainable to keep doing these easy tasks indefinitely - it's not what she's employed for.

There may be some doubt over what the agent told her regarding working from home - which shouldn't really be my problem if the agent is lying to get staff, but the interview with us was definitely clear.

People who are CEV are actually advised to be more careful as restrictions reduce. As things open up, people reduce mask wearing and people are barely required to isolate that puts these people at more risk.

Therefore this could be new advice from the employee's GP and not necessarily an indication that she's untrustworthy or unreliable.

What training can't be done at home to get her up to speed?

Are you her manager? seems odd you've not seen the note or talked to her.

If she has a doctors not then she shouldn’t be going in at all. I think you need to stick to the terms of the sick note once you’ve seen it, she doesn’t get to pick and choose. If she can’t be in the office, then she can’t do the job, and you have every reason to get rid of her.

So she is the employee of the agency, not you? Check with your HR team on any internal policies, but talk to the agency. They need to talk to her and see her fit note etc, not really your problem. The agency was contracted to provide someone who can hybrid work.

@DiddyHeck

It's unclear who her line manager is. You describe her as 'someone on my team', and you said she went to your colleague to say she can't return more than one day a week and that she has a DRs note.

Who is her actual manager?

I share the team with my collegue - we both manage the team. Usually we split the team for annual leave/sickness related issues, so they have a clear point of contact. We haven't done that yet as she's new - this is going to force that issue I think.

It's an odd employment situation, I should have name changed in case it's outing, so I'll be vague..ish.

My company have a contract with another to provide staff for our team. So technically her employer is the other company, but day to day she reports to us as the other company has nothing to do with our work.

Since she's agency your contract is with them, not her.
So ask them for a different worker, one who can come into the office.

You need to stand your ground, it sounds entirely reasonable to require someone to be office based during training at least.

We have just had a similar issue with a new starter. She was employed in November whilst her department were working mainly from home. However it was clearly pointed out that hers was an office based role & things would be moving back to that as soon as reasonably possible. Last week when the return to the office was announced, the employee announces that she has rented a new property 50 miles further away than her previous address & cannot afford the fuel to come to work more than 1 day per week. She has been told that her role is office based as it was when accepting the position & that full attendance will be expected.

Whoever he contract is with needs to deal with this

@QuestionsorComments

If the doctor's saying not at all, I'd refer to OH. If the role means she needs to be in and she's unable to do that she's not able to do the job.

Don't accept one day without taking advice.

If she's been wfh successfully it would be easy to suggest continuing as a reasonable adjustment

Thank you everyone. She's gone to my collegue for this, so I'm treading carefully anyway. I generally don't take any crap, but always agree reasonable requests.

I'll speak with the agent, as I'm not sure I can ask to see the sick note.

Not CEV, for those that mentioned that. But I'm not going to disclose the condition.

@SerendipitySunshine

What is the reason the doctors note gives? Cases are still very high, and if it is anything immune related or that puts her at higher risk than YABU. It is hard to get a doctor's note at the moment, so I'd give her the benefit of the doubt.

It’s hard to get a GP appointment in some surgeries, but not hard to get a sick note at all, no.

I never understand these types of posts... why wouldn't you ask HR about this? Or the agency you use? I can't imagine asking strangers on the internet about a crucial aspect of my job with legal ramifications. Surely someone in your organisation has the answer to this?

So it's not an agency but something like they are a funder and they provide staff for projects?

@hugr not really successfully - she's doing a very small part of the job because she's not been trained on the rest yet.

If she's been wfh successfully it would be easy to suggest continuing as a reasonable adjustment

It doesn’t sound like she has been working successfully at home though. She’s been given all the easy tasks that should probably be spread throughout the team, and are not what she’s employed of paid for. She’s been unable to progress in her job since she started weeks ago. That’s not success.

I would give notice to the agency.
Her employer is the agency so they would then be responsible for paying sick pay, finding a new contracting position etc.
You on the other hand need someone that can come into the office.

You need to speak to HR and make sure that if you were to tke action there would be no grounds for discrimination as you (the hiring organisation) and your staff could all be held liable, as well as the agency.

Also having read your update - I manage people like this.
My staff are supplied by an agency, who pays their salary etc. We have no contract with any individual.

So we can ask for a different person.. they won’t be fired as they’re still employed by the agency (which has it in their contracts that their job roles etc are not up to them). In that case it’s easy ask for someone else

Tell the agency you no longer require the employee. Easy.

I know the easy option is just to let her go - but she seemed good in that initial training, as is doing OK with easy tasks. She fits in well with the team personality wise. We've had some rubbish staff, would rather avoid getting rid of someone that's potentially a good fit.

Sick note apparently for a month. So if she she needs to be off for a month and then start training I can cope with that.

She’s in probation, you can let her go for any reason. So do it.
Of course go through the proper steps, discuss with HR etc and make sure everything is legal

^This.

Contact the agency and say you want her replaced? Surely you are paying agency fees so that they sort this out? Why are you paying an agency and then agonising over this? She’s not legally your responsibility? Is she paid hourly?

She’s already so much trouble now, I doubt that will change later on

Even if it’s a disability she only has the right to reasonable adjustments. If training cannot be carried our properly wfh (and the last few weeks have shown that) then she needs to either be in the office, off sick or becket go.

My Dh has a hidden disability. At times his disability makes travelling to work very difficult. But he can’t do his job from home so those are the choices he has. (& he’s got the protection of years of service)

I can also guarantee that my HR department will have no interest in discussing - they might respond to my email in a couple of weeks, but that response is unlikely to be useful. There is no phone contact for them.

I once got threatening messages for an ex employee and went to them for advice. I had to email twice (after 2nd threatening message) before they replied asking what I'd like to do.