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.

Well done, it’s always satisfying reading threads like this. 💐 are usually for sympathy on mn but you deserve them today for being awesome.

The level of incompetence in your management team beggars belief. Good Luck moving forward. More of your management skill required

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.
Even without a resolution, I'd still tell her ASAP, like today.
I've been in a similarish position before, I didn't fight it when I was blindsided with it as its time and money you don't have when you're being booted out. It is so much easier to fight things before it all goes to shit, tell her what you're doing, that you're fighting for her, but tell her ASAP as she might have different plan/idea/things she wants to do, sadly possibly experience of something similar she's gone through.
in this situation having the knowledge of what is happening is so important. I'd really recommend telling her even without a solution, knowing you're fighting will be helpful.

@Quietyes

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

I agree either this, my sister has a disability and she would be mortified if her manager had been discussing this behind her back. She has to have reasonable adjustments which has been a battle many times, but it is actually more othering to not give a heads up and outline your plan. Your attitude and commitment to her is fantastic don't get me wrong, not meaning to sound like I'm dismissing that because it's fab- but just because people have physical disabilities it doesn't mean they shouldn't be involved or have a say when their health is being discussed with others. It will be evident to her when policy is mentioned.

Developers are in high demand and they are firing her for a stupid wfh clause!

You’re right.. it’s very short sighted and companies are desperate for developers right now! What are they thinking?!

And yes.. she has a case for unfair dismissal it sounds like.

Why are they so adamant about you all being in the office 5 days a week?

Patch phrases it far better than I did, but yes, please let her know so she can have input, it's her career after all.

I hope I may quote your old head of HR and say, "attagirl"
Which I take to mean that had you not stood your ground, your colleague would have been out of a job (albeit with the right to take her case to an Employment Tribunal or Court).

So a huge Well Done to you. I hope you'll be celebrating tonight.

Isn't it wonderful when a tale turns out well (albeit that we're still relying on sensible follow-through and correct decisions being made.)

Im a union rep and I would be taking your company to an Employment Tribunal and the employee would win, absolutely no doubt. Discrimination on the grounds of disability - the Employment Act 2010 and it would also be a breach of the Employment Rights Act 1996. It would cost the company to even go to a tribunal even before she got a payout of at least tens of thousands of pounds.
That`s before the reputational damage to the company from the publicity in the papers.
So disappointing that a senior person at your place of work has managed to gain a senior position without having any clue about employment law.

@Patchbatch i actually hadn't considered she might feel patronised by me excluding her from these discussions, that's a really good point and I shouldn't protect her any more than I would anyone else.

Difficult chats this afternoon I think.

Fabulous news OP - I hope you have squashed this and without repercussions for yourself.

We need to clone you and put you into every HR team in the country!

[quote girlmom21]@DGRossetti I have a wheelchair user colleague who uses the lift when the fire alarm goes. There's one of those carrier things but they experience the same issues as your DW.

If there was a clear and obvious threat to life they'd probably allow someone to carry them but, other than that, they'll continue to use the lift. [/quote]
If you are a member of a union legal action is free.
Employment Tribunals are free as long as efforts have been made to resolve the issue beforehand and failed.

For what it's worth, although I agree with much of what's being said about letting colleague know what's been happening; her career and her life; etc. But on the other hand I think maybe some people are confusing roles here. OP is in role of Line Manager (or similar) and some "jobs" are to be done by that person. Line Manager supports her workers. This was a support role. Had it escalated and someone had actually given colleague the sack (or it become clear that that was going to happen regardless) then at that stage obviously it would be colleague's business. Maybe somewhere between those two points. But I think that OP would have done the same for any of her team being unfairly threatened with sacking.

And while I applaud OP for everything she's done, I don't think she's disrespected colleague by attempting to deal with the issue first and then "explain all" afterwards.

Apologies, I think i have quoted the wrong post.

@MajorCarolDanvers

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.

Absolutely this!

She has a clear discrimination case if the company cannot provide clear business reasons why she can no longer work from home - even though she has for the last 18 months.

You sound like a good manager who is ethical and trying to do the right thing. Well done op.

@yellowsuninthesky

For all the chitter-chatter here about "rights" .... unless you can easily enforce your rights, you have none. Bear that in mind. Courts aren't free. Legal advice isn't free

Absolutely right. Employment rights is an obvious area, but also housing law and consumer law. There aren't the resources and there is a massive unmet need for legal advice.

So disappointing as a union rep that people in the UK think this way. It is all free if you are a union member.

[quote Whatnextteletext]@Patchbatch i actually hadn't considered she might feel patronised by me excluding her from these discussions, that's a really good point and I shouldn't protect her any more than I would anyone else.

Difficult chats this afternoon I think.[/quote]
I would be incredibly cautious about this and run it by HR before you do it.

Lonecatwithkitten
I would be incredibly cautious about this and run it by HR before you do it.

Why?

So disappointing as a union rep that people in the UK think this way. It is all free if you are a union member.

Nothing - nothing - is "free".

What you mean is the union pays for it, instead of the individual.

In theory. Depends on the union. Depends on the case.

Not to say that it's not worth joining a union. More people should. But it's not a magic wand.

I just can't believe the employer and HR are wasting everyone's time with this. Surely breaches so many disability and workplace policies.

If this isn't a case of reasonable adjustment then wtf is.

@yzed

For what it's worth, although I agree with much of what's being said about letting colleague know what's been happening; her career and her life; etc. But on the other hand I think maybe some people are confusing roles here. OP is in role of Line Manager (or similar) and some "jobs" are to be done by that person. Line Manager supports her workers. This was a support role. Had it escalated and someone had actually given colleague the sack (or it become clear that that was going to happen regardless) then at that stage obviously it would be colleague's business. Maybe somewhere between those two points. But I think that OP would have done the same for any of her team being unfairly threatened with sacking. And while I applaud OP for everything she's done, I don't think she's disrespected colleague by attempting to deal with the issue first and then "explain all" afterwards.

Oh I don't think so either, it's clear OP has her employees wellbeing in mind and respects them and the work they do. Just a heads up that discussing stuff with HR without their knowledge isn't always well received.

I have little experience of office/HR and all the legal issues, but as a disabled person myself I'll ditto what others are saying about keeping the employee informed. It may well be that they might not want to stay with a company who would act in this way, or at least know what their attitude is while the matter is being dealt with. Yes it'd be hard to hear, very hard, but for me it'd be worse to discover my health and abilities were being discussed formally without my knowledge.

Hopefully you get it all sorted and its nice to see she has someone on her side..

Sorry have no advice, but just want to say what an amazing person you are ... you come across as so kind and extremely intelligent x

So disappointing as a union rep that people in the UK think this way. It is all free if you are a union member

Yes, but if you work in the private sector people don't think that unions are for them. They think of the likes of the RMT holding the Tube to ransom and disrupting peoples' journeys and forget the real good that unions do. A union does not have to be recognised by an employer for someone to be an individual member.

I mentioned on another thread that I left a job ten years ago because of a micromanaging line manager. I joined the union at that point but it was too late to involve them in that scenario. However, I've been a member ever since - I learnt my lesson. I am a member of Prospect but there are plenty of others.

Anyone reading this - join a union. Dues depend on income, so if you can afford it make it a priority. As I said above, I expect employment rights in this country to be damaged by the Tories following Brexit.

It's also worth remembering that a lot of professional associations have legal helplines for their members, so if you don't have cover via eg home insurance, have a look at any associations you are a member of. You might be pleasantly surprised. I had an email newsletter from one today and they had highlighted it in the email. I had no idea.