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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:

CrowUpNorth · 05/04/2022 21:56

If your contracts don't specify where you work and custom over the past two years has been WFH forcing people into work can be iffy.
Certainly looks like disability discrimination of the sort that ends up in court. Make sure that any emails etc you write make clear your concerns and won't make you look bad if they end up in a court bundle. Making sure you are in a union too would be good given you are working with senior management who don't seem to respect staff or understand employment law.

Ginger153 · 05/04/2022 21:57

I completely agree with everyone above. Check out - or ask HR about - the access to work scheme. It would give her help to pay for attendance (taxis etc) for the things like team meetings if it would help persuade your bosses that compromise is possible and allow her to WFH the rest of the time. It will also look at what reasonable adjustments your employer needs to make.

RonSwansonsChair · 05/04/2022 21:58

I don't know the legal ins and outs, I'm not in the UK. But just wanted to say you sound like a really lovely, supportive boss. I'd just like to say Thank You! On behalf of employees of shitty employers everywhere

billy1966 · 05/04/2022 21:59

@PyongyangKipperbang

If you are sure you will resign if they get rid of her then I would hand in my notice and refuse to sack her, and as PP have said, make it clear in the resignation that you are resigning due to their discrimination and that you will stand as a witness for her in a tribunal.

They will find a reason to get rid of her anyway now, so the sooner she knows the better.

This.

Making it very clear to HR that you will co operate, may give them pause, but I think you owe it to her to let her know what wankers they are so she can ultimately make her own decisions.

thequeenoftarts · 05/04/2022 22:00

@WomblingWilma

What does her contract say about where her place of work is? Does her contract say WFH permanently? This is something that should have been iron clad if you knew she couldn’t ever work from the office surely?

Your boss sounds like an absolute idiot not to check the legalities before threatening to sack her. He should be sacked himself!

I gather you’re all adult employees not kids in a playground wanting the sweetie the other one’s got. Ridiculous and lazy rationale that if a someone with a disability needs to stay WFH, everyone will want to.

Your last line Flowers: ...wonder will anyone else want her disability too?

Keha · 05/04/2022 22:01

Sorry if this has been mentioned, have you contacted access to work?? Can fund PAs etc

OutingHobby · 05/04/2022 22:01

@RagamuffinCat

Could working from home permanently be considered a reasonable adjustment, given that she is currently doing this competently?

I agree with this. She has demonstrated for 2 years she has been able to successfully do the role from home. The role hasn't changed.

billy1966 · 05/04/2022 22:02

Getting her copies of all appraisals would be very helpful too.

Hopefully they will pull back from the stupidity of this action.

NannaKaren · 05/04/2022 22:02

You sound a marvellous Boss/person - stick to your guns and good luck to the employee - companies are going to have to wake up to this kind of thing it’s discriminatory and has no place in this day and age…

TheBigPeach · 05/04/2022 22:02

My husband is in a similar line of work and they have developers working from their home in India! It’s so doable!

Kendodd · 05/04/2022 22:03

I wonder if I'm the only one really hoping they sack her.
She sues them.
Wins.
And you both go off, set up a company together and take all their clients.

MarceyMc · 05/04/2022 22:03

Yes this would leave the business wide open to a likely successful discrimination claim
If they do go down this route please advise your employee to pursue it
You won't be personally held liable (as per PP) but make sure you make your feelings known to your bosses if the worst happens
If they don't go through with it, I don't see the point in telling your employee and causing her unnecessary distress
You sound like a lovely person and boss

Original poster

Whatnextteletext · 05/04/2022 22:04

[quote soupmaker]@Sapphire387 is spot on IMO. I work as a trade union official too.

Don't rely on HR stopping the management being absolute arseholes. If you and your colleague are not trade union members get joined up ASAP.

ACAS can give advice but cannot advocate or represent either of you if your employer decides to take action.

Good luck @Whatnextteletext Give them hell. [/quote]
Thanks you and I will.

Not to sound big headed but I’m valuable, needed and I’ve got some clout. If I left, a very expensive, long standing project would need to be restarted and the delays alone would cost more than the project itself.

They know they can’t afford for me to go anywhere. It’s not an empty threat though. If they screw her over I’ll hand my notice in, go on gardening leave and then freelance for a bit. I have absolutely no reason why I wouldn’t do this other than slightly increased stress of freelance work rather than a steady, established project.

I won’t be complicit in what I understand to be wrong even if it doesn’t turn out to be illegal (although I suspect from this thread it’s both!)

OP posts:

Happycrocodile · 05/04/2022 22:04

Give me her details, I’ll hire her! Good developers are worth their weight in gold and I wouldn’t care if she worked on the moon and only when everyone else is asleep!

moreshitandnofuckingredemption · 05/04/2022 22:05

Your employers are mad, stupid and horrible. Please DM me - depending on the stack, we are always looking for good devs

Original poster

Whatnextteletext · 05/04/2022 22:06

@Phascolarctos

Yes, she’s had a formal appraisal every 6 months, monthly check ins (all written up and documented in a central portal) and even had an email with glowing feedback 3 months ago for a specific bit of work from the guy now trying to sack her

That all needs to be copied somewhere secure.

Excellent point. I can export them all as PDF’s so I’ll do that now.

OP posts:

OutingHobby · 05/04/2022 22:06

@Whatnextteletext

I think they’re worried because there was a huge amount of resistance from the work force to come back to the office. Developers are often natural introverts and certainly our workforce really enjoyed WFH. Our return to work survey has less than 10% of respondents saying they wanted to return to the office at all yet the company pushed for it. I think their worry is if they agree my colleague can WFH, then they lose the argument as to why no one else can.

They don't. Not unless the other employees have a disability that requires they work from home in which case they can all submit their requests and be looked at case by case.

MarceyMc · 05/04/2022 22:07

Also just to add, you normally need a minimum length of membership with a TU for them to agree to represent you, so joining a TU now might not help you in this instance (although some will agree to waive the minimum membership length) BUT you should join one anyway for potential future need!

ItsDisneyBitch · 05/04/2022 22:08

How short sighted of your company and its outright discrimination.

If your HR are any good they will shut this down immediately. However your company don’t deserve her.

Arianya · 05/04/2022 22:08

Oh dear. She was hired as a wfh employee with full knowledge of her disability which means she can’t come to the office, and her contract doesn’t state a place of work either. The employer doesn’t have a leg to stand on, if they sack her she will win a disability discrimination case. You could claim constructive dismissal too because they were trying to force you to discriminate against a disabled person.

Do not give her notice otherwise that discrimination is on you. Refuse. Tell them in writing that it’s discrimination and you won’t do it, and if they do it you’ll be a witness for her at tribunal. If they continue with sacking her then encourage her to take legal action. If they’re really stupid they’ll sack you too and you won’t need to resign, then you can take them to court as well.

sjxoxo · 05/04/2022 22:08

Agree this is unfair dismissal and discriminatory.. please please fight her corner. She deserves the job. Your managers are twats and I’d hand my notice in before firing her. I would make a huge fuss and make it very clear if they want to sack her, you will be witness to unfair dismissal. This is appalling behaviour and idiotic of the company you work for. You clearly don’t need these staff actually in the office so this is blatant presenteeism. Good luck x

Original poster

Whatnextteletext · 05/04/2022 22:09

OP posts:

Branleuse · 05/04/2022 22:09

If they want her to come into the office, wouldnt they need to make it fully accessible for her? If they fire her because they cannot accomodate her disability then thats outright discrimination and illegal. You may get better results by discussing how to enable her to access the office and how that would work

Breakfastofmilk · 05/04/2022 22:09

[quote Awakened22]@Whatnextteletext it’s great that your fighting for your employee (and rightly so!) but there’s so much specific detail in here, if they were to be on mumsnet would they not realise it’s about them?! I’d hate to find out my job was potentially at risk on mumsnet and it also might put you in a difficult position. You’ve had some great advice but probably time to delete the thread…[/quote]
Seriously this. Yes, Web developer is a common job but how many Web developers in the UK do you think there are who are female, not just disabled but specifically disabled to a level that requires full time in home care and unable to work in the office, are in their 30s and who have been working for only two years??

So many specific details in your post, if you haven't extensively changed them and she or someone close to her reads this she will definitely at least suspect its about her.

TheKeatingFive · 05/04/2022 22:10

What did her contract say about her place of work?

I have not RTFT

If she was never going to be coming into the office, it should have specified that it was a remote position.

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