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.

@CormoranStrike

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

Sigh

@sleepyhoglet

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

You have rights from day one if you are unfairly dismissed because of a protected characteristic such as disability, sex or race. You don't have to wait two years.

However, I ask myself for how much longer, as I mentioned upthread.

Phew! Well done OP.

This thread has restored my faith in humanity! Thank you for all that you did @Whatnextteletext

Great outcome OP and well done. And you will have helped others too as they will understand the law and know what to say.

This is a brilliant outcome OP - well done for kicking ass in exactly the right way.

If you ever need an illustrator or copy-writer who works from home... give me a shout :D - I am sure you don't but I would absolutely work for you!

The idiocy of the senior team is staggering - what did they have in mind, that she'd work from reception, attend meetings on another floor via teams? The mind actually boggles.

Refuse to fire her.

It's discriminatory. If they want to fire her tell them to do it themselves.

Cancel the cheque

Well done op for being a fantastic advocate for this person

I’m upset and it isn’t even me. Totally unfair!! There are so many able bodied people who are sponges here someone is able and willing to work and this happens. If it HR comes back with a stupid response I’d drag it out if I could to the 2 year mark, let her go via email giving enough detail as to why the sack so she could use the email as evidence and then phone her to advise her to contact her solicitors and let her know you weren’t on board with the shitty decision.

Oh I would love to have been a fly on the wall for that meeting! Fantastic work OP. I'm delighted for you and your colleague.

I'm also wondering who on earth are the 3% that thought YABU???

Great work OP!

Off topic, but "hiring" people sounds awful! I much prefer employing.

Thank goodness. I woke up upset thinking about this today and I’m so happy for a positive resolution.

Brilliant outcome, well done!

I wish more Managers were like you OP. Well done!😬

Definitely unfair dismissal due to disabilities. Judges are pretty ruthless with this kind of thing. Your company will be in for some very serious fines!

Horray! Great update. Nice one OP 👍

What a super result!

OP...the workplace needs so many more people like you. Thank you for sorting this out promptly and effectively.

As someone said earlier, the world needs more people like you, OP. ❤️

Well done OP.

I'd say though that the SLT is not just "tone deaf". They are prejudiced idiots carrying out discriminatory policies that could land the business in a whole heap of trouble.

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.

Not really up to you to make those assumptions for her, but glad it all got sorted. I’m sure at 30 she’s well aware of issues around discrimination and is perfectly capable of dealing with it.

Pretty sure she could sue and win for

• unfair dismissal
• disability discrimination

Could claim for lost future earnings etc.

Especially if as you say she is wicked smart. The company would be insane to fire her in the circumstances you describe.

I suspect that's against the disability at work act. If she's been fine to work from home all this time, then the adjustments to allow that to continue are easy. Are you or she in a union, because they can offer legal advice in confidence. Also, disability rights groups will be able to help and understand the legalities. I understand you might not be able to be directly involved as such, but there's nothing to stop you putting her in contact. Thanks for being an ally.