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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:
StooOrangeyForCrows · 06/04/2022 14:33

I get that PPs have said that union membership isn't a 'magic wand' but I would be right up shit creek without joining one and I work in the private sector. Anyone trying to decide whether to join or not - do it.

CormoranStrike · 06/04/2022 14:36

Hideously specific detail here OP - I hope your colleague doesn’t use mumsnet.

tentative3 · 06/04/2022 14:38

@yellowsuninthesky

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.

I'd say another problem is people trash talking certain unions because they think it suits their narrative. Shame on you, you do nothing to further the union movement by doing so. You can disagree with the aims and actions of the RMT all you like but using the kind of emotive language normally employed by the Fail just puts people off all round.

I would suggest anyone reading this joins a union and participates. If you don't like some of what the union stands for, change it, don't use it as a reason not to join at all.

Comefromaway · 06/04/2022 14:50

My husband is a member of a union and they are no use whatsoever in helping him to deal with blatant disability discrimination. They don't seem to have specialist legal knowledge and nothing more than general telephone advice is ever given.

BornBlonde · 06/04/2022 14:52

Well done OP!

DGRossetti · 06/04/2022 14:58

@CormoranStrike

Hideously specific detail here OP - I hope your colleague doesn’t use mumsnet.
Hardly specific at all. There are any number of shit employers in the tech sector that would happily fuck over a disabled employee and flout any number of laws (once again, P&O did it, and they aren't an exception).

Good luck sifting through that mountain of names.

It would have been far more outing if the OP has stated they worked for a decent company that really did champion diversity and respected employment law. Not many of them around at all.

Having had experience of suggesting a previous employer make their website accessible to W3C standards and getting an answer that would see me banned from MN for life, it's something I feel quite bitter about.

sleepyhoglet · 06/04/2022 15:01

If she is sacked before June you don't need to give a reason. No rights before two years

Terfydactyl · 06/04/2022 15:10

@sleepyhoglet

If she is sacked before June you don't need to give a reason. No rights before two years
The equality act says different. If you have a protected characteristic you are covered from the day you start.

I wouldnt mind this misinformation so much but they just came out with more information on certain rights that are covered by them. Literally this week.
Does no one apart from fwr keep up with this stuff?

WinniesHunny · 06/04/2022 15:11

Jesus. Can @MNHQ not ban arseholes who post incorrect information after hundreds of posts have already accurately summed the situation up. Complete waste of time and effort.

newbiename · 06/04/2022 15:12

@sleepyhoglet

If she is sacked before June you don't need to give a reason. No rights before two years
Not if she's disabled under the Equality Act of 2010
BruceAndNosh · 06/04/2022 15:14

OP- I thought your "suggestion" that the entire office would have to relocate to new suitable premises should employee be compelled to work from office was inspired

Original poster
Whatnextteletext · 06/04/2022 15:16

I've had an email from HR who have taken my feedback back to the leadership team:

Squashed. Grin

I have also spoken to my colleague. I gave her a call and just said that after the email went out (which was a standard email btw, that's not a lie) I'd challenged it immediately on her behalf because I didn't know an email would also be going to employees as well as line managers. I said I'd had a talk with HR and after a bit of back and forth between myself, HR and the senior leadership team it's now resolved and she can continue to work from home as normal. This is exactly what happened. I told her that shortly the business will be asking everyone to work from the office full time and although this wont apply to her, that she and I should have a chat down the line about how we can make sure she's still feeling like part of the team and well integrated once everyone else is back in the office.

She doesn't need to know i did any fighting or had any difficult chats on her behalf. On reflection, I wouldnt tell any of my team about a senior level conversation like that, so she shouldn't be any different. If it had gone any further than this point then I'd have absolutely told her but on balance, all it would do is damage her confidence in her own abilities as she'd internalise the senior teams idiocy as them wanting to get rid of her because she's not good enough/ not suitable. Even though she's in her 30's, she carries a lot of the self doubt we all did when we were new in a career so it's easy to forget she's still in that place and she hasn't found he badassery yet.

She's fine, glad it's resolved and agrees with me that the senior team are monumentally tone deaf and can go to hell Grin

Thanks again everyone, you've been so helpful.

OP posts:
DGRossetti · 06/04/2022 15:17

@sleepyhoglet

If she is sacked before June you don't need to give a reason. No rights before two years
You forgot to post your legal qualifications. Which mate told you that ?
beastlyslumber · 06/04/2022 15:19

Brilliant result, OP. Thank goodness for people like you!

Devilishpyjamas · 06/04/2022 15:21

Equalities Act? She’s competent (more than), she has shown she can do her job with a reasonable adjustment & so she is being treated unfairly due to a disability. I’d imagine if they’re stupid enough to fire her she could get a payout.

Blahburst · 06/04/2022 15:21

@Whatnextteletext thank you for sticking up for your employee. She may never need to know but there are plenty of people reading this thread who take great comfort in knowing there are people like you who are fighting the good fight.

Devilishpyjamas · 06/04/2022 15:21

Oh brilliant!!!

DGRossetti · 06/04/2022 15:23

@WinniesHunny

Jesus. Can *@MNHQ* not ban arseholes who post incorrect information after hundreds of posts have already accurately summed the situation up. Complete waste of time and effort.
Where would the fun be in that ?

Besides, it's a fantastic tool for demonstrating the stupid out there. Because usually no one believes me.

DemelzaRobins · 06/04/2022 15:23

Well done OP. You've done a splendid job.

cstaff · 06/04/2022 15:24

In case you are in any doubt OP, you are one fabulous person. I would love to think that you had my back.

Great job Star

TonytheDog · 06/04/2022 15:24

Brilliant result! Well done you, I wish you were my manager.

GimmeSleep · 06/04/2022 15:25

That's great news OP - you sound like a lovely manager Smile

DGRossetti · 06/04/2022 15:26

Fantastic result. I doubt you will be long with this company, so all the best in your future promotions. If you could see your way to sticking in the UK it would be great.

Fritilleries · 06/04/2022 15:28

As someone with a disability, a big well done to you! Thanks for having her back.

yellowsuninthesky · 06/04/2022 15:28

I'd say another problem is people trash talking certain unions because they think it suits their narrative. Shame on you, you do nothing to further the union movement by doing so. You can disagree with the aims and actions of the RMT all you like but using the kind of emotive language normally employed by the Fail just puts people off all round

Very unhelpful comment when I was actually trying to persuade people to join a union. I was talking about what people think. Jumping down peoples' throats because you don't agree with every aspect of what they say doesn't exactly help, does it? We're trying to get people to improve their positions because of the type of management the OP has encountered, and the fact the government we have will trash employment rights when they can.