Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
SirSidneyRuffDiamond · 06/04/2022 10:47

@WinniesHunny bloody well said!

yzed · 06/04/2022 10:48

Here here, Perking Faintly

PerkingFaintly · 06/04/2022 10:51

BTW although she should get a big financial payout at ET, my guess would be that an attempt to sack her would still be devastating emotionally for her.

She's in her mid-30s and this is her first ever employment; she's had excellent reviews so knows she's capable and delivering; and her only ever employer STILL tries to shit on her, just because.

Soul-destroying doesn't begin to describe it.

If I were in the dev's position, I'd cope better if I were told I was being headhunted before I was told my current employer was trying to get rid of me. (I've no idea how that works legally with your position as her manager, and your own plans to possibly leave.)

Elleherd · 06/04/2022 10:52

Awakened22

@Whatnextteletext it’s great that your fighting for your employee (and rightly so!) but there’s so much specific detail in here, if they were to be on mumsnet would they not realise it’s about them?! I’d hate to find out my job was potentially at risk on mumsnet and it also might put you in a difficult position. You’ve had some great advice but probably time to delete the thread…*

As wheelchair disabled literally struggling to make the rent weekly, I'd rather find out my job was at risk but that someone was fighting my corner on mumsnet, than when the cold harsh email telling me I was no longer wanted as my disability stopped me being part of an office culture, hit my inbox...

We're all different, but most seriously disabled people have had to fight bigger battles a lifetime and won't have a fit of the vaporous over the small stuff...

jannier · 06/04/2022 10:52

Companies have a legal duty to make fair and reasonable adjustments to allow disabled people to access work. Shes done her job working from home up to now hopefully if they try she will take them to a tribunal and win.

Gonnagetgoing · 06/04/2022 10:53

Your work are being really unfair. I bet they’re trying to get rid of her before June when her 2 years service is up.

I’d say she probably has an employment law case but I can’t believe your employers are being so shortsighted not to keep on someone who’s brilliant at their job and accommodate their WFH needs. I’m sure she’d be in the office if she could physically do so.

NeverDropYourMooncup · 06/04/2022 10:54

@Gonnagetgoing

Your work are being really unfair. I bet they’re trying to get rid of her before June when her 2 years service is up.

I’d say she probably has an employment law case but I can’t believe your employers are being so shortsighted not to keep on someone who’s brilliant at their job and accommodate their WFH needs. I’m sure she’d be in the office if she could physically do so.

Which also proves they're thick as mince - protection from discrimination kicked in from her first day.
Quietyes · 06/04/2022 10:55

I think you need to be honest with her about what's happening. By lying and saying that email was sent out to everyone, she is going to be really shocked if she suddenly has to start fighting to keep her job, keep her up to date and be honest with what's actually happening.

PerkingFaintly · 06/04/2022 10:57

@WinniesHunny

I think the last three words of your post are superflouous, *@perkingfaintly*
I couldn't possible comment, WinniesHunny. Wink
MrsPinkCock · 06/04/2022 10:59

Following for your update. I’m an employment lawyer and this situation is pretty horrifying.

Your employee works well from home, has done so successfully for two years, and so it seems there is no justification for requiring her to return to the office apart from to polish chairs with her arse. Indirect discrimination, failure to make reasonable adjustments, possibly direct discrimination if they’re dismissing her BECAUSE she’s disabled, and potentially an automatically unfair dismissal claim too.

I had an employer client who fired an employee working 8 hours per week on minimum wage who was awarded £95,000 in compensation. They came to us to try and overturn the Tribunals award. It didn’t work.

Well done for fighting her corner, she absolutely should be allowed to continue to WFH and I’m aghast they would send an email asking her to go back for 3 days when they know full well that she can’t!

yellowsuninthesky · 06/04/2022 11:00

Was there always going to be a chance that people were going to be pulled back into the office though? Most people in lockdown were aware that wfh was temporary. And in that case I think it was a disservice employing her at all, as it sounds like you were well aware that working out of the home was was a no go for her, yet still employed her anyway, knowing there was every chance wfh was not permanent

so the OP should not have employed someone to do the role in case her overall bosses acted like w*nkers at a later date? Fortunately the law is (very much) on her colleague's side.

FairyLightPups · 06/04/2022 11:01

@Quietyes

I think you need to be honest with her about what's happening. By lying and saying that email was sent out to everyone, she is going to be really shocked if she suddenly has to start fighting to keep her job, keep her up to date and be honest with what's actually happening.
As a disabled person who has had to deal with this kind of thing before, I agree with this. She needs the truth and she needs to know that you are fighting in her corner. If she randomly gets a horrible email, it will be so much worse for her.
yellowsuninthesky · 06/04/2022 11:02

Oh and in a word to the Brexiteer wise - the reason this lady has day one protection and the possibility of unlimited payouts for unfair dismissal is because of EU law. Otherwise she would indeed have no protection until she had two year's service, and any payout would be limited.

Sadly I am sure the Tories are onto this, and will change it in the not too distant future.

HappyAsLarry2022 · 06/04/2022 11:03

I hope the meeting with hr went well

BlueOverYellow · 06/04/2022 11:06

Sadly, I agree yellow...

Plus they'll be desperate to claw back the power and make it an employer's market as they'll hate the appearance of a leveller playing field with good employees hard to find with the mass exodus of skilled people post-'brexit.

Meklk · 06/04/2022 11:17

Read contract. We had very similar issue. Employer was RIGHT because contract says that person must be able to work in office/assets of the business. Doesn't matter someone using wheelchair or not. Person shouldn't sign the contract then.

SaintJavelin · 06/04/2022 11:18

@Meklk

Read contract. We had very similar issue. Employer was RIGHT because contract says that person must be able to work in office/assets of the business. Doesn't matter someone using wheelchair or not. Person shouldn't sign the contract then.
You couldn’t be more wrong if you tried.
girlmom21 · 06/04/2022 11:19

@Meklk

Read contract. We had very similar issue. Employer was RIGHT because contract says that person must be able to work in office/assets of the business. Doesn't matter someone using wheelchair or not. Person shouldn't sign the contract then.
Read thread.

OP said her contract doesn't state a place of work or say the position is hybrid.

DrEmilleShofhousen · 06/04/2022 11:21

I work in HR, and the company I work for moved to a hybrid working model post lockdown. The expectation is that if you are required to be in the office, you should be sensible about it and come in. It’s easy to say you can work fine at home 100%, but that’s unfortunately up to your company to decide. There’s been incredible push back to WFH 5 days per week at my company…but that’s not hybrid working, and I must have 100 conversations about this weekly (feels like)! But this case that you have outlined is different, because she must have been given home working as part of her terms and conditions, due to the extent of her disabilities? She’s outside of hybrid working, if so. If not, I agree this should be rectified now and become a permanent arrangement or it’s incredibly risky for your employer. It’s pretty poor this wasn’t discussed at the point of recruiting her, and part of her contractual terms, even if it was lockdown!

Meklk · 06/04/2022 11:23

Hybrid means she must be able to work from home, office, assets....
It's very tricky. And I can bet that employer will win the case.

DGRossetti · 06/04/2022 11:25

Why all the surprise and faux shock on this thread ? Opportunities, rights and employment for the less able has been going down the shitter for years by democratic mandate.

This is what it looks like at the end of the journey.

Wait till the employee in question goes into the office and is then told their presence makes other employees "uncomfortable". Apparently.

OP: you are a manager in (by my reckoning) 1,000. More power to your elbow.

SaintJavelin · 06/04/2022 11:27

@Meklk

Hybrid means she must be able to work from home, office, assets.... It's very tricky. And I can bet that employer will win the case.
Wrong, the building isn’t even accessible.
LittleBearPad · 06/04/2022 11:27

@Meklk

Hybrid means she must be able to work from home, office, assets.... It's very tricky. And I can bet that employer will win the case.
Apart from the contract doesn’t specify ‘hybrid’ working. It doesn’t say anything at all so it’s not very tricky.
dianthus101 · 06/04/2022 11:28

@Meklk

Read contract. We had very similar issue. Employer was RIGHT because contract says that person must be able to work in office/assets of the business. Doesn't matter someone using wheelchair or not. Person shouldn't sign the contract then.
Rubbish. Apart from anything else when the person sign the contract they may not even have been disabled. Employers have to make reasonable adjustments.
girlmom21 · 06/04/2022 11:30

@Meklk

Hybrid means she must be able to work from home, office, assets.... It's very tricky. And I can bet that employer will win the case.
That's not what her contract says though.

She doesn't need to be hybrid.

She physically cannot work in the office. Even if she took her carer to the office, there's no toilet and no lift. She couldn't even access the office if she wanted to.