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AIBU?

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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:
DGRossetti · 07/04/2022 12:09

I would have clarified, PERMANENTLY? There is a difference on the emphasis of 'long term', which basically means for an indeterminate, temporary length of time, to permanent.

I'd think that's quite important, as it would mean a shift away makes the role redundant (and therefore eligible for redundancy pay)

k1233 · 07/04/2022 13:41

OP I agree with you glossing over the behind the scenes chats with HR etc. I do the same. I've had some people in quite distressing situations and been in their corner not accepting anything but the decent / right response from HR. As a result, new policies have been created where I work to reflect the things I've fought for. The people I've fought for haven't had disabilities, they've just had a shitty hand dealt and needed compassion.

People don't need to know about the fight. They just need to know you're discussing it with the appropriate people, what the outcome is and that you have their back.

BonnesVacances · 07/04/2022 16:38

My DD(20) is disabled and housebound. If she ever finds a job (she's been like this since she was 14 so this is unlikely) I hope she has a manager like you OP. Well done. That poor lady with that company totally disregarding her needs.

KloppsTeeth · 07/04/2022 16:59

I have had a really shitty week worrying about my disabled son and his college and work prospects in the future, including worrying myself sick, crying in the night when no one can see or hear.
This thread has brought me so much joy that there are people who are out there standing up to HR and learning to be better from this.

PlntLady · 07/04/2022 22:43

I'm baffled why a tech company are going down the road of forcing ppl back into the office.
I work for a large civils company. They did a survey and determined that from how the staff want to work they only require 40% of the office space. So they have decided to offload 60% of the office space and reinvest money saved into the company & staff with an additional few percent on the original proposed cost of living, better training and IT infrastructure to keep us all hybrid working.
Surely if a civils company can do this, an IT company can allow 1 disabled exemplary member of staff to wfh.

DrDreReturns · 08/04/2022 07:18

@PintLady I think the op said the management had no, or very little, experience in IT. So it doesn't surprise me.

DGRossetti · 08/04/2022 07:44

I'm baffled why a tech company are going down the road of forcing ppl back into the office.

My reading was this isn't "an IT company". It's a regular old (fashioned and oriented) company that bought an IT company (like some people buy racehorses) and now it's being "harmonized" with the mothership.

BTDTGTTS.

It's hard to understate the power of the the "it's all about me" gene - especially when it's paired up with the "it's not faaaaaaaaaiiiiiiiiir" gene. But usually the reason for not progressing will be a combination of them.

Flowersandjellybeans · 08/04/2022 08:11

What does her contract say? I think if you and your company hired her on the understanding she would and can only work from home it’s your problem not hers things have changed.

You can’t just fire her and if you do I sincerely hope she takes you to a tribunal.

HangingRock25 · 08/04/2022 08:17

@Flowersandjellybeans

What does her contract say? I think if you and your company hired her on the understanding she would and can only work from home it’s your problem not hers things have changed.

You can’t just fire her and if you do I sincerely hope she takes you to a tribunal.

@Flowersandjellybeans Please read ALL of the OP's posts, before responding. Not just the Opening post. It was resolved awhile ago.
DGRossetti · 08/04/2022 08:37

Please read ALL of the OP's posts, before responding

Isn't that a one week ban on MN ?
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|
V

Grin
HangingRock25 · 08/04/2022 09:01

@DGRossetti

Please read ALL of the OP's posts, before responding

Isn't that a one week ban on MN ?
|
|
V

Grin

If it's not, it should be, lol. Smile
soulinablackberrypie · 09/04/2022 17:22

What a lovely thread and outcome. I always thought I had the nicest boss in the world, but I'm very happy to say you sound even more awesome!

Original poster
Whatnextteletext · 10/04/2022 09:12

@HangingRock25

'That's fine, no issues with long term WFH. Proceed'

I would have clarified, PERMANENTLY? There is a difference on the emphasis of 'long term', which basically means for an indeterminate, temporary length of time, to permanent.

I think this should have been clarified when she was hired, that she would never be able to attend in person, and her wfh was permanent. The way they worded it, it seems they really didn't understand you meant that she would never, ever be able to go to the office. There should have been absolutely no ambiguity whatsoever. Communication was bad on both sides (yours and HRs) when you hired her in the first instance. "Long term" should never have ever been used, since her wfh was permanent, not just 'long term'.

I agree, lesson learned my side! From this whole thing I’ve decided absolutely every interaction with the SLT needs to be followed up in writing and very clearly stated. They’re clearly not good people and the only way to handle this level of incompetence above you is to cover your own back completely. My HR friend essentially said the same thing when we met for drinks on Friday night.

She wasn’t in the meeting with the SLT when HR told them to back off but apparently the head of HR came back from it and told her that the SLT argued for ages about ‘company cohesion’ and couldn’t get their heads around being told they couldn’t do something in ‘their own company’ - they’ve been watching too many American drama box sets..

Anyway, HR basically just firmly said ‘this is going to cost you a lot of money you don’t have if you pursue this’ and that was essentially that. Really disappointing it came down to money and not the morality of the thing but the outcome is the same.

OP posts:
Ikeptgoing · 10/04/2022 09:26

There is a difference on the emphasis of 'long term', which basically means for an indeterminate, temporary length of time, to permanent.

Interestingly enough in social care 'long term' is phrase used for 'permanent' contracts (as long as needs stay same and that service remains contracted type caveats) unless there was further phrasing in same sentence (subject to review after ...), so I would hear "permanent" too for whilst I still had same role/ same company structure.

Pointing out costs of having to relocate office to make it accessible, for reasonable adjustments, for this worker to be able to access office (that they were insisting she attends), was spot on OP!!!

I'm so glad it is resolved and frustrated for you that you had to fight for such a great worker as this is how your SLT behave to their staff.

DGRossetti · 10/04/2022 10:34

Anyway, HR basically just firmly said ‘this is going to cost you a lot of money you don’t have if you pursue this’ and that was essentially that. Really disappointing it came down to money and not the morality of the thing but the outcome is the same.

I suspect this is the beginning, not the end Sad

I'd suggest your employee is incredibly careful about recording every interaction with the company for the next move they try.

DPotter · 10/04/2022 12:16

Money talks.

Sadly many businesses would happily act in a similar high handed way, unless there was law forcing them down the more moral, equitable route. Those companies with money would just go ahead anyway, eg P&O knew what they were doing was illegal and did it anyway.

I am delighted your employee was been protected

Jokie · 10/04/2022 13:16

OP- massive kudos to you for standing up for your colleague. I've had to reiterate some of the promises made during lockdown that are still relevant now (especially considering COVID rates). It's just not feasible.

DGRossetti · 11/04/2022 12:33

Thought this may interest dome on here

www.theregister.com/2022/04/11/4day_workweek/

particularly the comments ...

Alwayscheerful · 23/04/2022 12:50

F

Secondsop · 23/04/2022 12:56

Well done OP for sticking up for your team member’s employment rights! I can’t think of many clearer cases of WFH being a reasonable adjustment the employer should make. I hope your employee continues to thrive under your management.

Murdoch1949 · 23/04/2022 20:15

What a fabulous manager you are. Professional, knowledgeable, empathetic, any company would be lucky to have you. Chapeau.

Wheresmywoolyjumpers · 23/04/2022 20:52

Good for you OP. Thank goodness for manager who support their staff - there are not enough of them around.

BeerLoas · 23/04/2022 22:09

Well done OP although it’s sad your efforts were needed, but sadly not surprising. Having sat on an SLT and fought against (not the same but some equally) shitty opinions/decisions, it is shocking how in the weeds some SLT are willing to get. They should care about outcomes and performance to strategy leaving the detail to managers. Getting stuck on individual issues like this shows a) how discriminatory they and it won’t just be on disability and likely b) they’re not SLT level.

If you had handed your notice in you would also potentially have a claim against them. Sounds like a lot of evidence of what you felt was discrimination poorly left you no choice to resign.

BeerLoas · 23/04/2022 22:10

*poorly managed

mycatisannoying · 23/04/2022 22:17

Oh, the poor girl. It would be awful if they let her go Sad
You're bloody awesome though OP, and I'm so glad she's got you fighting her corner Star

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