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.

And get slapped with a tribunal.

OP has said she doesn't want to get rid of this woman is she can help it, she has also been advised about ensuring she follows proper processes if she does move to dismissal to avoid falling foul of discrimination laws.

I’m still not clear if she is an Agency Worker and therefore covered by the Agency Worker Regulations. It is key you establish this, so talk to ACAS who will advise. There are different rules for the first 12 weeks of agency work.

Have you explained you only need her to work 3 days a week for x weeks then this can go down to 1 or even full time WFH?

Refer her to OH to establish if she meets the eligibility requirements for reasonable adjustments. (NOTE: unless you have a listed disability only an employment tribunal can definitively say if someone meets the criteria set out in the Equality Act). If she does, then ask the, what reasonable adjustments are required including how to deliver the training.

One thought, that will horrify some but may have to be a reality as WFH becomes embedded, is could you train her in her own home? If it has to be face to face training and she cannot travel, it is reasonable for you to deliver the training in her home as this is her workplace. Obviously this depends on how far from you she lives.

Actually yes, when you're an agency worker that is pretty much how it works.

@Viviennemary

Either she does what she is told and comes in or is dismissed.

Why are most if not all of your posts so misinformed?

Checking their work and giving feedback also take longer, because you end up typing long emails.

Just picking up on this comment because it seems very stuck in the past. Why the need for long emails to give feedback? Modern workplace technology includes systems like Skype, Teams and similar where you can share screens and talk through queries and issues in real time. Anytime365 and others of that ilk allow the trainer to listen to the person take phone calls and give instant feedback. There are lots of ways for training and other workplace collaboration to be carried out remotely, unless something can literally only be accessed from the office itself.

I don't understand why you don't tell her that working from home will severely impact her training, making it hard for her to progress to fulfilling her role properly.

That her career progression depends on her completing her training and stepping up to her job, so

"Let's make a plan to help you catch up!"

Your agency needs to provide you with someone who can attend the office. I would be suprised if a sick note actually specified someone couldnt attend the office but was well enough to work.

People always assume becausw they can do training wfh everyone can and thats not the case for al and some people actually prefer face to face still
Its also upto a job wether they want to do WFH and personally in a few years I think GDPR will have to be taken more into account
As people have files at home , neighbours that can hear calls etc etc
So for this reason alone companies may prefer people in office
You know many people have had to go into an office throughout there has been no option for some WFH
Don't assume its totally possible for all industries

*@sanbeiji A load of these stories always go ‘and disabled/chronic condition person is damn good at their job, and employer is understanding’.

Wonder what happens to those who are so-so, easily replaced but also have health issues/disability…*

Oh, I have stories of those excellent at their jobs but still treated like sh*t. I also have stories of those 'good enough' who had excellent and understanding employers. I have personal experience of taking an employer to a disability tribunal, I think I was good at my job there but maybe I was average - it shouldn't make a difference as I was at least 'good enough'.

The stories I shared were in response to the ignorant comments from others in relation to whether someone is genuinely disabled if they can come into an office sometimes and that it can't make a difference whether it's 1 day or 5 days. They were also in response to those who'd rather risk legal action than make a bit of effort for a fellow human being. Living with constant ignorance and attitudes like that does mean I reach for the 'great at the their job' stories first, unconsciously. It shouldn't be necessary but sadly "just don't be a dick and treat other people with decency" isn't enough for some - they need that sense of the added value a person might bring.

If she is not employed directly she isn't your problem. Tell her agency you need her in . If she can't attend for whatever reason, they will replace her. There is no legislation requiring you to allow her to continue to only partly do the job. Focus on that.

Your hr department and her contract
Company needs to talk to one another. If her contract states her place of work is the office and she can't fulfil that then you need to look at letting her go. The same goes if she's in her probation period. If she's out of probation and she's got a contract directly with your company then tread carefully

However has the person told you directly or have you just heard it off her colleague? Might be worth sitting her down and getting it from the horses mouth

You don't have declare a disability at interview stage

Bit of a weird one. If she’s on probation just let her go. Maybe the agency lied to her and said she’d be able to work less than she’s being expected to now, to get her on board sort of thing.

I’d never dream of going for a job then saying I couldn’t work more than one day a week knowing I couldn’t cope with more than that.

Apologies if any of this has already been said, I haven't rtft just skimmed it.

As others have said if she has a sick note, you will need to see it to see exactly what it says. If it says she is able to work from home with reasonable adjustments, but not in the office then she will need to be off sick until she is able to travel in to the office. If it is going to be long term, then you will need to seriously consider if she is right for the role.

Technically as she is employed through an agency and not directly by you, you can let her go as she can't fulfill the needs of the job you have contracted the agency to fill. However that will then mean having to train someone new in the role.

Normally I would say speak to your HR department for advise, however as they are of no help I would suggest speaking to ACAS as they will be able to advice you regarding what you can and can't do in this situation.

Your organisation has a contract with the agency, you have asked them to supply someone who will work 2 days a week in the office after a training period where 3-4 days a week in the office is required. The person they have supplied is not able to do that so they need to supply you with someone that can.

Get this sorted now, the longer you leave it the more issues it will cause.

I've had to let loads of agency staff go for various reasons, never been an issue really.

You need to find out what's on the note and the reasons before you can make plans to deal/accommodate

So, if she can come in one day a week, can you not just go with that and start the training on a day a week basis?
It will take longer to get her trained of course but at least the training will have started so better than waiting a whole extra month without training. And of course you have no guarantee that her I'll health may continue beyond that month.

A lot of people on this thread don't seem to understand this person is employed by the agency not by the OPs firm. If she cant fulfil the requirements of the job the agency needs to find somebody who can. And surely any sick pay due will be paid by the agency and a replacement person sent.

HR person here. Was any disability disclosed on her medical questionnaire? Did she request any 'reasonable adjustments' on joining the company? Even if she did, if she can not reasonably execute the role from home then you shouldn't have an issue dismissing her.

Question - is she an agency worker (ie she gets paid through the agency) or was she hired via an agency (she gets paid by you). If the former, then the contract is with the agency, the agency aren't living up to the contract and you can terminate the contract or otherwise pass the buck back to them to get the girl into the office.

I work in HR - you need to know what the sick note says. If it is disability related you are in hot water - be careful. Nobody has to disclose their disability at any stage, it’s not a legal requirement however if it affects the role then you must accommodate. You also need to check her contact about her place of work and whether you have stipulated about working from home etc if she’s unable to do her full role from home but she is offering one day a week in the office then I think you are being unreasonable in this case.

I’d like to know what illness prevents you from going to the office but working from home is fine. So I can get one of those notes too.

I think it comes down to how much you want/need her.

I don't think it's unfair to say "I'm sorry but our needs are that you come in".

The doctor's note is irrelevant as she's agency, not on a permanent contract.

It all depends on whether you want to be flexible IMO

Sounds like a sick line.
Speak to HR/personnel.

If this wasn’t mentioned or agreed when I accepted the role I certainly wouldn’t even consider that length of commute! If it was discussed I wouldn’t have accepted the job as that is a no go for me.