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.

@Iseestupidpeople

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.

Loads of scenarios would prevent you commuting but enable you to sit working at a desk in your home.

@EducatingArti

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.

I would not be paying agency staff 4 week's wages to do 1 week's worth of training.

@Iseestupidpeople

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.

Are you also suffer from the illness or disability that goes along with the note?

Quick update.

We've spoken with the employing company today, and staff member.

She's not given note to anyone, and isn't planning to - has agreed to come in one day next week and then 3 days a week from the following week. I can live with that.

However, if she does hand the doctors note in then she'll be off sick for the duration until she is well enough to attend training in the office - with a little flexibility in the first couple of weeks - e.g. she can work the 2 days at home but the other days would be off sick.

We haven't discussed the 'what ifs' for if she doesn't come in, or if she hands her doctors note in - because as far as we're concerned if no one has seen the doctors note then it doesn't exist.

I've done agency work.
Surely termination of contract without any reason or notice is the norm?

Presumably still on probation so you can do what you want

Sorry - that should say we haven't discussed the what ifs with the staff member. We've discussed it amongst management and with the employing company.

Shocking employee behaviour aside, what on earth are you paying the agency fees for if all they do is pass on messages without validating them??

If she's contract staff and is out sick, you won't be paying her wages anyway. The agent pays her wages, no?

If you haven't seen the note, then you do not have notice of any disability.

You can only go along with her suggestions and play it by ear.

I cannot help but feel for you. This is a pisstake.

Can you ask the agency for a replacement before she springs a sick note on you? That way, you won't have notice of any disability (nor can there be grounds for discrimination). You will say it is for business reasons which were disclosed at the outset to the agency.

Surely it is disruptive to your business if you don't know whether she can be trained in time or even show up for work.

Remember 20% of employees give you 80% of management problems ... I personally will not stick around to find out.

Ask her to take a photo of it on her phone and email it to you.
Why can't you train her via a PC remotely? We've been at home for 2yrs and use Teams to train new starters

Ok, so I’m one of the dissenting voices. I do think you’re being unreasonable. I would ask why the training can’t be done remotely.

I work for a national organisation in a high-profile team doing work with an equally high degree of reputational risk. The work is both complex and reliant on intra-team communication. In the last twelve months, we have seen a huge turnover through either maternity or external promotion - over half the team has joined since September.

Sure, they started on easier tasks as they bedded in but I’ve had no issue training them up with full shadowing remotely and they are all working at capacity now, absolutely flying. I’ve seen all of them just once in person since they started, two of them twice.

We will end up back in the office but probably only as often as people want to come in. A minimum mandatory once a month full team meeting. People actually come in more when they’re not pressured to come in, I’ve noticed.

So yeah, I completely understand being annoyed at the behaviour - the avoidance of conflict, the passive-aggressive doctors note, it all smacks of a pain in the arse to be honest. But I think it’s unreasonable to sanction her when you’re unable to find a way to provide the training and support remotely, as she’s not shown herself unwilling to learn.

I'm open mouthed that you'd even want to keep them after pulling a stunt like that.

The conversation you have to have is about reasonable adjustment because if she has a genuine reason for not coming to the office and you sack her, she can take you to Tribunal for discrimination. Not something your company wants to be in the public eye?

* She's not given note to anyone, and isn't planning to - has agreed to come in one day next week and then 3 days a week from the following week. I can live with that.*

More fool you OP. What a mug you are.

She's not given note to anyone, and isn't planning to - has agreed to come in one day next week and then 3 days a week from the following week. I can live with that

Frankly it sounds even more like a try-on now; as I said yesterday, if the note exists at all it's probably a self certification

Clearly she's not turning out to be the promising member of staff you hoped, and I'd say the chances of her actually attending the agreed days is slim - most likely she's trying to drag it out until probation's over - so for me it would be over

Its ridiculous. Its like an agency bank nurse employed to work nights. She gets hired and says oh sorry I only do school hours, can't stand the sight of blood and can I work from home.

Frankly it sounds even more like a try-on now; as I said yesterday, if the note exists at all it's probably a self certification

Or maybe she has realised the 28 day self certification is ending. Unless/until she produces a certificate you cannot accommodate her requests.

Refer her to occupational health for her current issue. They will be able to provide an Occupational Health opinion on whether she can or cannot attend work. Devising a work plan if needed so she can provide an effective and productive contribution to the company in her role or maybe recommend an alternative role maybe more suitable or equipment if needed and support. They can also refer her on to other professionals depending on the services your company provides for further input.

@RedToothBrush

How can you manage to be in the office one day a week but not two or three for medical reasons?

Either you can be in the office or you can't. Surely?!

Because it’s exhausting given a physical condition? I’m 37 weeks pregnant, if we were allowed in the office I might do a day, but not 3. Simples.

As far as I’m aware, people didn’t expect to be able to WFH before the pandemic just because they had a disability so what’s changed? many/most workplaces have definitively demonstrated that some/all of their jobs can be effectively carried out from home, so no longer have reasonable grounds to refuse wfh requests. While I think it quite likely this person is taking the piss, it’s quite a significant change legally. But doesn’t apply here as the staff member has not been doing their full job.

@LaughingCat we actually do and have been training remotely, and for some tasks this is entirely possible - usually once they have completed basic training and have at least least some idea what I'm on about and how to use the system.

There is actually multiple new starters at once, all to be trained together and in the office together for the benefit of shared learning experience (along with myself and/or other members of the team). I'd argue that its not actually reasonable to double the time I'm spending training to train her from home when I'm already doing training in the office - even if remote training was effective.

Our training material does need to be amended to allow more remote training, which is becoming clear. And how effective that will be I don't know. But that's not going to happen overnight.

It's all become largely irrelevant if she's going to come in and not use her sick note anyway, as she either attends training and learns how to do the job or she finds herself another job.

If she does hand her employer the note, then we'll have to reasses and see what it says, and if we can work with it.

I'm on the fence now - she seemed good, and it certainly is hard to find someone in this role who is good enough for the complexity of the role. But some things aren't adding up. The next few weeks should make things clearer.

I'd like to add...I'm not some arsehole who fires someone for being sick or disabled. I'm incredibly flexible with my team, maybe too much. I've had multiple staff with complex caring responsibilities and medical issues - some of which have required flexible working and wfh for temporary periods (pre pandemic). We're all human, and I don't turn down reasonable requests. Staff employed through an agent are still treated as perm members of the team, and even when not performing as expected are given opportunities and training to improve.

I also have fired a number of people - more than I'm comfortable with, and am now more picky in the interview process. None of these people have been fired for sickness or disability reasons. But the number of people I've let go is maybe making more lenient with someone who may appear to be taking the piss.

YABVU and unprofessional to be discussing a Human Resources matter here

@BoodleBug51

I'm open mouthed that you'd even want to keep them after pulling a stunt like that.

I agree and unless she refuses to show you the medical note you'll have to be careful or could find yourself in some sort of disability discrimination case if you fire her. I suggest you make changes for your staff to train remotely. After the last 2yrs you need to be prepared for anything.

I don’t think people should be asking OP what the doctors note says as if OP says what it is then that’s breaching confidentiality. I would be furious if someone disclosed my medical sick note!