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.

Decent, principled, advocating like a pro, taking no shit, getting results pronto - You officially win Mumsnet today! Have this on me 🏆

I can't believe the numpty management thought it reasonable to demand a. person using a wheelchair to work in a second floor office WITH NO LIFT!.
I mean, the OP explained this employee is awesome, but can she levitate?

OP, you are brilliant! I’m so happy to hear it has been resolved now.

Well done OP!
It's so bloody hard getting and keeping work from a wheelchair. Throw in age and it becomes a real battle.
People like you remind people like me, that maybe we aren't always fighting those battles alone.

In my place that’s 1000% a reasonable adjustment and she would be given a home working contract. They’d be treading on thin ice sacking her. I’d also take a stand. Well done

Yay sorry didn’t read the thread, so pleased to see it’s sorted - huge well done

Congratulations! That's brilliant news and well done for sorting and sticking to your principles.

As the parent of a son with both a physical disability and autism can I say thankyou.

Not only for understanding and fighting but by making this thread it's shown others what can be done. There's been some great advice and you've taken on board constructive criticism as well.

My son is currently doing a placement through college at a start up company who are now trying to set up an apprenticeship for him when he finishes. They want him. He does software development and has already created web sites and codes for them and they already mentioned all reasonable adjustments they would make for him including remote working.

It seems the new start ups in tech are really on the ball and the future for those with disabilities is looking brighter. 🤞

Thank you for being so supportive of this lady - your employers are complete ts! I wish you and your colleague luck if said ts go ahead with their decision in asking you to 'let her go'.

Op you are simply fabulous!

This is brilliant, OP. Thank you for sticking up for your colleague. Good on her for sharing her skills and being a good colleague too!

Just wanted to say, you’re awesome OP!

This thread is far too outing.

@soupmaker ACAS got me compensation for Disability Discrimination when Curry's PC World fired me for being disabled. They were amazing

@Whatnextteletext 👏👏👏

@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.

I am a manager of a small team and I hope I can be like you when I grow up!!!

I don't have an advice on the matter, just wanted to say how shocked I am! It definitely sounds both discriminatory AND stupid. Is it possible to "fire" her from this role and hire her again in another role with a work from home option?

If we can keep (as a society) one thing good out of the whole pandemic with millions of lives lost, remote working and giving equal opportunities should remain.

@PinkQuartz

This thread is far too 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.

The OP wrote this ^^ at 12.47.

Hopefully it all gets sorted and goes in her favours. But well done you for being so passionate and having her back!

Well done, what a lovely update!

You’re awesome OP! Well done for what you did for her and not even telling her. Wish you were my boss!

Fairly sure she could do the. For unfair dismissal.. and her disability is protected regardless of service.
Their treatment of her is appalling. Can you imagine being her - doing amazing work and being fired for being disabled?
It can’t be right, please fight back for her. Well done

Its 100% discrimination. If her contract doesnt state a place of work your company are on very shaky ground. The will be looking to out her before she has been there 2 years as once she passes this threshold its actually harder to get rid of her.

Do you have any emails from when you hired her r.e. confirming the work from office / wfh situation? This could add weight to her case.

Just seen your update.. brilliant