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Original poster

Hired a disabled woman in lockdown who I now have to fire

554 replies

Whatnextteletext · 05/04/2022 21:14

During the first lockdown I hired a physically disabled woman into an entry level role on my team. She’s in her mid 30’s but it’s her first job because pre-pandemic, she couldn’t work out of the home due to her disability and work from home opportunities were few and far between. She is a wheelchair user who lives with a full time carer who takes care of he personal needs (this is relevant to why she couldn’t work out of home) and prior to lockdown, she lived on her disability payments alone which from the sound of it was very hard going.

I hired her into an entry level web development role with on the job training and it turns out she’s wicked smart and a phenomenally fast learner. I’ve put her through some web development training and within 18 months she’s now a pretty decent developer and by far the most competent of the cohort I hired along side her. She’s also lovely and we get on really well.

Anyway, when I hired her, my company were committed to WFH and hybrid working long term. Now however, they’ve backtracked and everyone is back in the office 3 days a week mandated.

Today I had an email from the senior team asking why this employee hadn’t been back to the office so I explained that she’ll be working from home forever given the circumstances (that they’re very aware of!) and the reply I got was that she’s no longer suitable for the role now that the expectation is work from the office and I needed to let her go.

I hit the roof and went straight to HR who are looking into this now, but I’d like to know from here what is likely to happen??

If they come back and say she’s got to go and I have to fire her I’m handing my notice in on the spot, that’s a given. How likely is that though? Surely it’s discrimination?

It’s also really stupid. It costs a fortune to train new developers properly and I’ve invested a huge amount of my time into her. It’s a complete candidates market at the moment too - developer roles are everywhere, it’s really hard to find ones with the right training and she’s good enough that with a bit of off the record support she could freelance fairly easily.

Her contract doesn’t specify a place of work or working model and there is no reason on earth she couldn’t perform the role perfectly adequately from home. We all did for 2 years.

Does anyone know where we stand legally on this one? She’ll have 2 years service in June.

OP posts:
RagamuffinCat · 05/04/2022 21:17

Could working from home permanently be considered a reasonable adjustment, given that she is currently doing this competently?

DisforDarkChocolate · 05/04/2022 21:18

That's so short sighted of your work, she will be able to find something else. Has she asked for a reasonable adjustment? If not advise her too.

converseandjeans · 05/04/2022 21:20

I'm pretty sure she would have a case for unfair dismissal. It's not like some of the office refusers you see on MN threads. It makes no sense.

Comefromaway · 05/04/2022 21:20

I think in this particular circumstance your company HR need to get some decent legal advice before doing anything.

Overthebow · 05/04/2022 21:21

That’s so unfair of your work. I’m all for people going back into offices if that’s what the company wants, but she physically can’t because of disability. I hope it gets sorted for her.

Quartz2208 · 05/04/2022 21:21

What does her contract say? I would like to think it would be unfair dismissal and because it was due to her disability she would have some serious rights.

At least I would hope so

That said it would make me seriously question the company I was working for

DrDreReturns · 05/04/2022 21:21

That's so short sighted of your work, she will be able to find something else.
I agree, good developers are hard to find. She'll be able to find a wfh role easily.
Has she been there over 2 years? You say she has been employed since the first lockdown so it must be close. She may have more rights if she has.

MajorCarolDanvers · 05/04/2022 21:21

Well that's an industrial tribunal waiting to happen if I ever heard one.

I would strongly advise you speak to ACAS. You can also be held personally liable as well as your employer.

Legally she has full rights now despite her length of service because she has a protected characteristic- her disability. Dismiss her on these grounds and she has a case for discrimination and unfair dismiss.

Get proper advice.

Your employers are absolutely morons I'm afraid.

100problems · 05/04/2022 21:21

HR should hit the roof. I would.

sweeneytoddsrazor · 05/04/2022 21:21

I have no idea on any legalities but I think the key maybe you say hybrid working. To my mind that is a combination of home /office so not entirely wfh.
I think you could push how competent and talented she is, but I suspect your employer will say that they can't let 1 person work entirely from home if everyone else has to spend sometime in the office.

GreenClock · 05/04/2022 21:21

How narrow of them. Stupid decision. I hope HR advise them otherwise.

Alphabet1spaghetti2 · 05/04/2022 21:22

Is the company large enough to have a legal requirement to have a percentage of disabled workers? (This may no longer be the case idk).
Would Acas or your union be able to advise?

SilverHairedCat · 05/04/2022 21:22

Noooooo - massive discrimination issue. HR / the company knew her physical restrictions when they hired her. What utter c*nts to sack her now when she's so good. Seems a very simple and perfectly reasonable adjustment for such a competent worker.

SerialNameChanger2114 · 05/04/2022 21:24

Hopefully HR Will sort it out!

Yanbu at all!

NerrSnerr · 05/04/2022 21:25

This is really identifying for this lady (even if job title has been changed). I think you need this thread pulled before she, or someone who knows her sees it.

BendingSpoons · 05/04/2022 21:25

Could you write a list if adjustments she needs to come to work? A massive awkward list of things they couldn't manage. And then suggest they could also accommodate her wfh.

Original poster
Whatnextteletext · 05/04/2022 21:25

I’ve asked HR about reasonable adjustments in my message to them so fingers crossed that comes to something.

She doesn’t know yet, I’ve not told her. The email came to me at 16:40 so she’d left for the day and I want to have a solution for her before we speak.

It’s insane. She’s doing brilliant work. I know their reasoning will be that our work requires collaboration which will be happening in person now we’re back in the office and she’ll naturally be excluded from this but it’s just not true - there’s no reason at all I can’t dial her in to team catch ups and chats so she’s in the room.

OP posts:
Insidelaurashead · 05/04/2022 21:26

Discrimination on disability grounds is a day 1 right, so the fact she's not been with you 2 years yet is a red herring here. She will win an unfair dismissal case in court in my opinion. If I were you, if you have to fire here and you hand your own notice in, I'd make it clear you will be a witness for her at the employment tribunal

PukkaP · 05/04/2022 21:26

I've got a similar situation with someone I line manage and have agreed WFH as a reasonable adjustment. She might have to come in occasionally, but maybe twice a year which is manageable.

If your company stick to their guns, they'll probably find themselves in front of a tribunal.

custardbear · 05/04/2022 21:26

You clearly work for a bunch of arseholes!
We have people who can't come back to the office in my team, we're working around it because their input is greater than the need for them to have a bum on seat in an office where it's really, unnecessary anyway
Fight her corner for goodness sake

carefullycourageous · 05/04/2022 21:27

@NerrSnerr

This is really identifying for this lady (even if job title has been changed). I think you need this thread pulled before she, or someone who knows her sees it.
I agree, I think you should ask for the thread to be removed.
PukkaP · 05/04/2022 21:28

Could you contact ACAS for advice?

Original poster
Whatnextteletext · 05/04/2022 21:28

@NerrSnerr

This is really identifying for this lady (even if job title has been changed). I think you need this thread pulled before she, or someone who knows her sees it.
It’s not, but thank you.
OP posts:
Saltyquiche · 05/04/2022 21:28

Yes I feel it’s discriminatory too.

ginnybag · 05/04/2022 21:28

Previous posters are correct, her length of service is irrelevant for a discrimination claim.

If she's got a solid track record, and good reviews, they need more than 'everyone is' to say its not a reasonable adjustment to let her work from home full time. It doesn't matter whether co-workers complain. Unless they're similarly disabled, they aren't a comparator.

The other option is for her to agree to come in to the office - then list all the adaptations needed for that to happen. Letting her work from home will be far cheaper for them.

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