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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

andysgirl22 · 06/04/2022 18:30

Can i just say as a severely disabled person my self whom needs a carers help like all the time. Thankyou for realising this is wrong. Thankyou for realising people like me and this fabulous lady may not be able to do things without carers but in other ways have talents. Sorry i know this isn't a helpful post but i had to add my two cents. Particularly as developers are so hard go train and recruit. I would think tgat it would count as a reasonable adjustment especially as she will have two years service in June. I just wanted to say all the best . Xx

Gowithme · 06/04/2022 18:32

You sound fucking brilliant OP. Well done for being a bloody decent person. Your employee sounds lovely too. The company not so much.

Beverley71 · 06/04/2022 18:42

I think that’s illegal under the disability act. As an employer you have to make reasonable adjustments for someone with a disability and as the job is possible to do from home then it will be classed as a reasonable adjustment.

PuppyMonkey · 06/04/2022 18:43

God OP, you are a complete legend.

I do have to confess though, this bit is surely the most intriguing thing I’ve ever read on MN

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.

I am DYING to know the answer to the mystery.

Lambanddog · 06/04/2022 18:46

Tribunal in the offing.

ActivistJen · 06/04/2022 18:48

If she was hired on the understanding she'd be able to work from home it would almost certainly be illegal to sack her. If she was told it would be a requirement to come into the office in future it would probably be a different matter. But even in that case I think she's likely have a good case to argue that WFH is a reasonable adjustment - after all she's demonstrated that she's able to do the job well (better than most from what you say) when WFH.
I don't think you need even be employed 2 years to claim unfair dismissal if it's illegal discrimination, though HR will know that for sure.
What an absolutely ridiculous state of affairs though. I think whatever the outcome it would affect my relationship with the employer if I were you.

vivariumvivariumsvivaria · 06/04/2022 18:59

Thank you for sorting them out and ensuring that a woman with skills can keep doing the job she's suited to.

Rosscameasdoody · 06/04/2022 19:04

Disability is a protected characteristic and if the company fires her she’ll have a good case for unfair dismissal. If there is no effect on her ability to do the job if she continues to work from home, it’s hard to see on what grounds they can fire her, given that her disability means she can only work from home. They can’t fire her for being disabled and from what you’ve said, they cant say she’s under performing. If you want to go to bat for her. I would arrange a meeting with HR and then familiarise yourself with the responsibility of employers of disabled people to provide ‘reasonable adjustment’ to allow them to access a level playing field with able bodied employees. In this case, working from home would be the reasonable adjustment. Firing her is a very bad idea, and morally bankrupt in my humble opinion.

WellThisIsShit · 06/04/2022 19:04

As another disabled person here, thank you.

I fought an employment battle which didn’t end so well though legally I was clearly in the right and got a pay off because of that, all I really wanted was a job, so it was really sad, and broke me for a long time.

Delphigirl · 06/04/2022 19:13

It is almost certainly discrimination. She can do the job because she has been doing it. She is entitled to reasonable adjustments and it will be difficult for the company to say it isn’t reasonable for her to work from home because she has been doing the job perfectly well from home, and she will be disadvantaged compared to a person without her disabilities who is capable of working outside the home.
If I was an employment tribunal judge I would be throwing money at her in compensation to send a message to your company and others, if she did take action.

AbcdeforgetU · 06/04/2022 19:17

@100problems

HR should hit the roof. I would.

I’m a HR Business Partner and I would also lose my shit if this came my way.

No professional HR would advise this, there’s no need for it, it’s a perfectly wonderful adjustment for her AND SHE IS AN AWESOME WORKER.

LakieLady · 06/04/2022 19:30

[quote Sbbhnfc]@bevelino what's that expression from Game of Thrones, oh my sweet summer child?!

In the last 30 plus years I've been in the workplace it has never ceased to astonish me how little knowledge there is of legislation amongst directors and other senior staff, and even HR so-called "professionals", (in some cases, especially so-called HR professionals). This has been particularly apparent in the smaller organisations I've worked at (though larger places are by no means exempt)...[/quote]
I once had to explain the principle of indirect discrimination to a senior manager where I work.

They were under the impression that as you long as you weren't deliberately discriminating against a protected group, it was fine.

NannyGythaOgg · 06/04/2022 19:30

Well done OP.

I was reading this thread yesterday and have just caught up today. The thread and (mainly) you have brought a big smile to my face

doodleygirl · 06/04/2022 19:31

Superb result, well done OP

Geezabreak82 · 06/04/2022 19:36

I think you’re being a great boss OP. If I were you I wouldn’t tell your team member yet though. I get other posters’ point about that being disempowering but I see part of my role as a middle manager to shield my team from some of the nonsense that comes from on high so they can get on with their jobs. If HR can make this go away quickly there’s no need to tell her anything. If it’s going to drag on beyond tomorrow or she asks again then then give her the basic facts - management are concerned that she hasn’t been back in the office, you are liaising with HR and management to work things out, HR are aware of the need to make reasonable adjustments and you will keep her up to date. Don’t tell her you’ve been discussing making reasonable adjustments when you haven’t - that’s definitely a conversation she should be involved in.

Ellmau · 06/04/2022 19:38

Well done, OP.

Strangeways19 · 06/04/2022 19:38

Definitely disability discrimination

LakieLady · 06/04/2022 19:40

That's a fantastic outcome, OP, and you are a great manager and advocate.

Pour yourself a drink and congratulate yourself on a great day's work. If all managers were like you, employees would be much happier!

OhSoStranger · 06/04/2022 19:43

Bloody hell OP just read this thread crying.

I'm disabled (not wheel chair bound as yet but it will come) and am feeling the pressure from work. I don't work from home, but I won't be able to work in the setting from a wheel chair because it's just not practical.

I'm sitting myself and I wish I had you on my side. Thank you

JennyForeigner · 06/04/2022 19:44

Tell her to join a union, help her to get a formal application in as reasonable adjustment and if all else fails, tell your company that firing her on grounds of disability would be a breach of statutory requirement - you would then be a whistleblower and protected from detriment. You can then refuse to let her go. Someone else might send the letter, but ok - you'll have prepared her to fight and it isn't on you.

Document everything.

Be honest with her. Lack of clarity isn't kindness.

Handled right she should at least come out of this well set up and you'll have set her on the path to a lifetime of success working for better, smarter employers. That's a good thing to be part of.

JenniferAlisonPhilipaSue · 06/04/2022 19:45

OP, I'm disabled and I'd love you as my manager

Howareyouflower · 06/04/2022 19:52

@DGRossetti . I maybe wasn't clear, but I did wonder if the OP might say that to the bosses! At the least a union could help her.

Thoosa · 06/04/2022 19:53

@Whatnextteletext

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

Squashed.

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

Thanks again everyone, you've been so helpful.

As a disabled professional woman myself, firstly, I think it’s the right call to partially shield her from the worst of it for morale reasons. I think you pitched that just right.

Secondly, what a very heartening thread this is. Not only you OP, speedy, savvy, heroine though you’ve been, but the MN hive mind too. Lovely to see.

Really has cheered me up.

Cervinia · 06/04/2022 19:54

Loving the outcome, well done! This is exactly the outcome my company would have come to, but I have to say they would have looked at personal circumstances before expecting everyone back in the office!

Thoosa · 06/04/2022 19:55

@PuppyMonkey