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

[Whatnextteletext]

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.

@Whatnextteletext amazing. Well done you for fighting this.

If I'm ever in a bind, you're the type of manager I'd want in my corner @Whatnextteletext!

Fairly comprehensive update there and hopefully, your colleague will be allowed to continue working from home or on the days where attendance is required, the office will be in a suitably accessible building to allow her attendance.

Well done you!!!!!!!!!!!!!!!!!

Fantastic update OP!

Well done OP, attagirl 😉

Wow, I wish I had such a supportive manager like you, well done!

@Tippexy

1. The company are acting illegally

1. It's great that she has you as her manager
2. And yet - this thread is hugely outing.

Can I just address anyone concerned that this is outing: it's not. If I explain why it's not it would then become outing, so thanks for the concern but you don't need to worry.

You just need to trust I'm not a complete idiot.

@yellowsuninthesky

It is sad that companies can make so many adjustments during lockdown which for some reason they couldn't for disabled people during normal times

Too nicely expressed. I've changed it!

It is outrageous that companies could make so many adjustments during lockdown which for no/inadequate reasons they now won't for disabled people during normal times.

You are right, I was too wishy washy. You express it much better.

OP, sounds like things might be going in the right direction. It's so good you have this persons back, even if they don't quite realise it. Wish there were more people like you

I then got a whatsapp from my old head of HR (we've worked together a very long time) just saying 'attagirl' so I'm taking that to mean I've given HR the stuff they need to squash it.

for now

May something incredibly nice happen to you or your loved ones for being a decent human when all around are cunts. If there's a God (spolier, there isn't) then your lottery ticket should come up.

:) Love the response. Whatnext

Fairly clear from your posts that you're not a complete idiot and in fact you're a great manager (and quite obviously have taken your real life issue and changed everything enough that you can discuss it without it being at all outing).

Wish you were my manager.

Well done.

It's this sort of push back from real people, real managers, that actually is the biggest part of tackling disability discrimination. There's no point to law if people just get away with doing stuff with no-one challenging them.

Also can i just say a huge thank you to everyone for your help and advice, particularly those who have outlined rights and the technical bits that i needed to know. You'[ve enabled me to say the things to HR that should hopefully squash this before it starts. This is mumsnet at its absolute best. You're all going on and saying I'm in my colleagues corner, but you lot are right there with me and I was picturing you all standing behind me looking menacing while I talked to HR. Women are brilliant.

You need to tell her and let her know what is going on behind the scenes ASAP tbh.

I don't understand why people worry about this. I always assumed most people "fudged" non relevant details on their posts (e.g dc age and sex) to try and minimize risk of identification.

Presuming OP has changed her employees age/sex/exact nature of her disability/field they work in (so the overall situation is still the same) nobody will be able to "prove" who she, the company, or the employee is, even if they on the very off chance happen to read it and think "oh that's interesting that's similar to whats happening with Mary in finance except she's female, in her 40s, isn't a developer, is hugely obese rather than a different physical disability, and instead of wfh the reasonable adjustment involves site visits" or whatever.

Unfortunately there's probably more than 1 company trying to go back on promises they made about wfh atm!!

Anyway good for you OP. I'd love to have you as a manager!

I could hug you - what a brilliant manager you are!

Yay! Feeling warm and fuzzy!

I don't understand why people worry about this. I always assumed most people "fudged" non relevant details on their posts (e.g dc age and sex) to try and minimize risk of identification.

OP works for a company prepared to shit on disabled workers.

That narrows it down to about 80% of the market then.

Also worth reminding people that only recently P&O admitted to the government they deliberately tore up the rules on employment with no punishment. So I wouldn't be too hopeful about anyone elses rights.

Well done OP!

Fantastic, OP. You're brilliant, you clearly have a terrific employee, and I like the sound of your HR colleagues too

Whatnextteletext Congratulations and thank you so much for being a decent human being in a dog-eat-dog world 💐
Your colleague is very lucky to have you..!

OP what a star you are! We need more people like you.

Access to work assesment and occupational health assessment could list her access requirements and leave it up to the employer to provide theses. Or work from home which would be far cheaper I expect.

You. Are. AWESOME!!!!!!!!!

Been following this with bated breath and as a disabled person in the workplace, you OP are an absolute star, a diamond and all the good things I can think of!!!

Wow, OP. Well done, this is an appalling situation

@Quietyes

You need to tell her and let her know what is going on behind the scenes ASAP tbh.

I think you're right, but I want to have confirmation of a resolution before I talk to her otherwise, knowing her as i do, I think it would really upset her.

I'm going to say that the leadership want everyone back in the office, but that having spoken to HR there's adjustments being made to accommodate her working from home full time and I'll detail what those are with her. I don't think her knowing there's a battle going on benefits anyone to be honest.

OP - I second that 'attagirl' and what everyone else has said above about you being a good manager.

We need more people like you in management. managers should do just that - manage their team, hold them accountable, but also have their backs and support them. Go you!