Asking a work colleague to share the workload

[Pandersmum]

I work in a business which is struggling financially and it’s significantly behind budget. It’s a business that supports its employees well and has a generous sickness policy (6 months full pay.)
One colleague WFH although the business would rather they are in the office. The WFH colleague does the bare minimum in their job but on the whole gets their job done but at a minimal level an is occupied for approx 50% of their paid for hours. Management would like the WFH colleague to come into the office so that they can do additional work to help the business turn things around. The WFH colleague has now gone sick and has stated that they shouldn’t be asked to do anything but their core job.

Is the business being unreasonable expecting an employee with ‘spare work time’ to do other work outside of their core job to help turn the business around?

Or it is ok that an employee only works for 50% of their paid for hours whilst WFH and get their core job done even though the business could do with their support.

• Are you their line manager? if not you can't just decide what a colleague's workload or hours in the office should be. You need to report your concerns to your line manager and keep your nose out
• If the employee has in their working from home days listed in their contract then you can't just change this out of the blue
• the employee might have a disability and have working from home as a reasonable adjustment
• There is nothing unreasonable about wanting to do the job you were hired to do (your 'core' job) and not take on somebody else's responsibility or suddenly be expected to do extra hours.

Frankly OP it seems to me that you are blaming one employee for the failure of a business.

The people managing the business are the ones who need to work to improve the business.

All that has happened so far has just resulted in the employee going off sick which is not helping anyone and has just made the situation worse...

We are a small team. I am a colleague. We all have 100% office based FT contracts. Flexibility has been given to allow WFH but no formal contract amendments. Colleague is not ill. They just don’t want to come back to the office and believe that as they do the bare minimum in their job they should be allowed to continue to operate like that.

Management are good - the company has very generous and flexible sickness benefits. New business owners have increased the financial business performance targets meaning that things have to change on the ground.

Interesting that you think limited management time should be focused on dealing with an employee gaming the situation rather than try to find whole business benefiting solutions of growing the business so all jobs can be maintained.

You seem to know a lot about your colleagues circumstances...

Again, focus on your own job and liaise with your manager if your colleague is making it difficult for you to do your own work.

Beyond that it is management's role to deal with your colleague. Not yours.

My guess is that there is a backstory here. Be careful that you don't get yourself in trouble by picking on that colleague. It is not wise.

I am genuinely concerned that there will be unintended consequences where I work if some colleagues go down the route of taking advantage of a situation.

Once one does, others will surely follow - all doing what is best for them.

I am trying my best to help the business turn itself around. I am not a martyr and I know that is my choice. They have been a good employer to me.

I believe I am entitled to feel p’d off at my colleague for gaming the system as I believe what they are doing will damage the long term viability of decent workplace benefits for all members of staff going forward.

Management is not good. Your loyalty is very misplaced.

Please can explain what you mean by this statement?

@Pandersmum you can still process this even though they are off sick. Get an occupational health referral done. We did this for two staff who were citing work related stress as the reason to bring off after refusing to do their job properly. We were able to bring them in and continue the disciplinary process as occupational health said they were fit enough to be interviewed.
It's a myth that you can't dismiss or discipline people when they are off.
This was NHS too.

If she has openly told people she is going off sick and she isn't ill, if they will say that to the management team "officially", they should start the process of getting her out.

I agree your management team is poor if they have allowed this behaviour to go unchecked.

According to you, this colleague has been underperforming for some time, defying instructions to work in the office, and faking sickness with zero repercussions except you getting outraged on behalf of the people who are paid more than you but are doing sod all about it.

I have recently been involved in an insolvency situation and it has been grim, really grim.

I am completely on the side of @Pandersmum as I would do anything possible to avoid that outcome.

Everyone has their part to play and sometimes margins are tighter than we think.

Don’t be under any illusion that an insolvent business will wind up neatly, with a bit of notice to find a new job and everyone getting a nice redundancy package. If it ends, it will end suddenly, with very little warning and it won’t be pretty.

The messages you have been getting from management are your warning. Take heed of them.

If your colleague has been operating far below their capacity, is there a chance that the role can be easily covered in their absence? Potentially making their role redundant?

I have some sympathy for your colleagues side, although it absolutely seems like they are taking things too far. With an office based contract, there should be some flexibility and they can't expect to just stay at home. However, there is also an argument to be said for the fact they are doing the job they are employed to do, and it could well be down to experience and efficiency that they get it done well within their hours. With the company in trouble though, they could easily lose this easy job if they don't help out more.

Is their job being covered while they are off sick? Is it a full time job for someone else, or can it be fitted around? There is a big risk that if others can cover the job for a while that the person is off, and if the job is only taking up 50% of the time, it could potentially be justified that the role no longer exists in its previous form and she is made redundant. I'm not an HR expert, so there will definitely be other considerations, but if the impact of her not being at work isn't felt too greatly and costs need to be saved, she is hardly making herself indispensable with refusing to help out. So one option may just be to see how the role can be covered in her absence and see if she is actually missed?

The management needs to grow a bit of a backbone. If the contract says office based, the employee needs to be in the office. If they refuse to do that, company needs to follow policy towards sacking the employee for breaching contract.
If the colleague has been very open about going sick if made to work in the office, then work can address that. They can involve OH or get legal advice as to how to proceed. They don't just leave it!
Good for you for working hard and doing your bit but don't take on ridiculous amounts that cause you stress!

This is an excess of loyalty to a firm.

The management are useless if they've permitted poor behaviour.

They can put together a capability dismissal for the end of the sick period

What exactly is the extra work? Like is similar to what they do anyway, or is it completely different- like an admin person also being asked to do something more physical?

Honestly, I'd focus on securing yourself a new role. Knowing now that the company is in difficulty is probably the only warning shot your getting. Beyond that, you'll turn up for work one day and be sent home.

But I like my job and the Company and I would struggle to find one that pays to a similar level and offers the employee benefits that my current role has.

No it’s similar. It just requires the person to be in the office rather than WFH.

Yes, so did my dp. He got a phone call Monday morning telling him not to go to work and that was it. No more job.
Prioritise yourself.
The wfh colleague is a problem for your managers to solve.

your feelings about being annoyed with your work colleague are valid but only management can resolve the situation. Please don’t get yourself in a spiral about them.

It is within managements gift to proactively manage the individual even if they have gone sick. They can get occupational therapy involved and ask for sick notes / independent assessments. Ultimately they can also manage Them for breach of contract if their contract states office based but they won’t come in. There are all sorts of checks , balances and processes to go through but that is for management to implement and also understand what allowances they may have agreed to in the past for the individual as reasonable adjustments which you won’t necessarily be aware of.

the only element you can influence in this scenario is what you choose to do. In the event of some redundancies by putting in the extra effort you will have placed yourself in a better place by being seen to be flexible and proactive unlike others who haven’t.

You sound like a really annoying colleague. Do your job. Let the management worry about your colleague. It’s not your business, and also none of your business what your colleague does.

Well if he/she wants to still have a job then why shouldnt they want to do more to help business. Seems very short sighted of them.