How do I deal with this situation?

newmanager23 · 2023-05-25T15:59:42+00:00

Hi after some advice, I have taken on a role as a manager in a retail store. I currently have a situation that I am not sure how best to deal with. I have a member of staff lets call her Jane who has been in the role for 10 years, she was diagnosed with cancer 4 years ago. Currently she works off the shop floor doing a job where she sits for most of the shift due to fatigue. She does work the odd hour on the shop floor but finds a full shift too much. I then have another member of staff tests call her Sue who has recently joined the company. She has told me she suffers from anxiety. She is struggling at the moment and isn't working to the required standard which is having a knock on effect on the team. Last week Jane was on holiday so I got Sue to cover her work and she seemed much happier and working better. Sue has now asked if she can do Jane's work as she doesn't feel so anxious. There is not enough work for them both to do out the back, what is the best way to deal with this?

GoodChat · 25/05/2023 17:04

Is Sue seeking treatment for her anxiety?

Original poster

newmanager23 · 25/05/2023 17:05

GoodChat · 25/05/2023 17:04

Is Sue seeking treatment for her anxiety?

@GoodChat no i don't think she is

OP posts:

RunningFromInsanity · 25/05/2023 17:05

Can they do 50/50?

IamRoyFuckingKent · 25/05/2023 17:07

Involve HR, agree there isn't enough work for 2 people, which there isn't, make one of them redundant. Take legal advice, do it properly, sensitively and pay more than the legal minimum if you can. you're a business, not a charity.

Waterlooville · 25/05/2023 17:11

You need to manage Sue through your organisation's procedure for someone medically unable to do their job. The first step would normally be to look at reasonable adjustments and you can't make one given Jane is already is already doing that work.

Aaron95 · 25/05/2023 17:14

Ultimately you have a new recruit who is not capable of doing the required job.

If it's a retail store you will have an HR department who can advise but if it were me I am afraid that Sue would be given notice and I would be recruiting someone else. With less than 2 year's service the process will be very simple.

Quveas · 25/05/2023 17:39

Jane has a clear disability which has been acknowledged for years and adjustments made for her. You cannot take that away from her. That's not a moral statement, it's a legal one. You are walking straight into disability discrimination if you even think about removing the reasonable adjustment for a cancer sufferer. Cancer is one of the few automatic and lifelong disabilities - she was covered from the second she was diagnosed.

Sue is not automatically covered - anxiety may or may not be a disability in law. But she chose her job and has no right to displace someone else. Her request is not reasonable. So she either ups her game or you dismiss on capability / performance grounds. If you had unlimited redeployment opportunities then there may be an argument for putting her in another role. But there isn't anywhere else for her to go, so it's her current job or no job.

And honestly, if she's not bothered about getting help or treatment then she's probably not going to meet the criteria for a disability. I understand that anxiety can be hard, but a disability must have a significant impact on day to day activities - if that were true I can't imagine someone euphorbia have sought help. Although that's irrelevant to this situation- she can't displace Jane

Quveas · 25/05/2023 17:41

Wouldn't have sought help. Bloody tablet... where did euphorbia come from?

SpinningCloudNiteClub · 25/05/2023 17:46

Why did Sue even apply for a job she claims she can’t do? And why is she not seeking help so that she can do it?

SpinningCloudNiteClub · 25/05/2023 17:48

Sue obviously has no right whatsoever over Jane. Sue needs to find a job she can do or seek help.

Original poster

newmanager23 · 25/05/2023 20:57

Quveas · 25/05/2023 17:39

Jane has a clear disability which has been acknowledged for years and adjustments made for her. You cannot take that away from her. That's not a moral statement, it's a legal one. You are walking straight into disability discrimination if you even think about removing the reasonable adjustment for a cancer sufferer. Cancer is one of the few automatic and lifelong disabilities - she was covered from the second she was diagnosed.

Sue is not automatically covered - anxiety may or may not be a disability in law. But she chose her job and has no right to displace someone else. Her request is not reasonable. So she either ups her game or you dismiss on capability / performance grounds. If you had unlimited redeployment opportunities then there may be an argument for putting her in another role. But there isn't anywhere else for her to go, so it's her current job or no job.

And honestly, if she's not bothered about getting help or treatment then she's probably not going to meet the criteria for a disability. I understand that anxiety can be hard, but a disability must have a significant impact on day to day activities - if that were true I can't imagine someone euphorbia have sought help. Although that's irrelevant to this situation- she can't displace Jane

From what I can see Jane doesn't have anything formal about the reasonable adjustment I think it was possibly just spoken about with the old manager. I didn't know about cancer been an automatic disability so that is good to know, thank you.
I agree if Sue's anxiety is so bad it is stopping her doing her job then she needs to seek help from her GP.

OP posts:

Quveas · 25/05/2023 22:34

newmanager23 · 25/05/2023 20:57

From what I can see Jane doesn't have anything formal about the reasonable adjustment I think it was possibly just spoken about with the old manager. I didn't know about cancer been an automatic disability so that is good to know, thank you.
I agree if Sue's anxiety is so bad it is stopping her doing her job then she needs to seek help from her GP.

Show quote history

"Spoken about with old manager " === AGREED. We are talking four years worth of agreement here! You so do not want to get into a talk about cancer...

NameChangeForThisBear · 25/05/2023 22:45

How does a person even get to become a manager in a big company without knowing that cancer confers disability status - or what makes a reasonable adjustment reasonable?
The more of these threads I come across the more I’m 🤯 about the state of HR and management training … and the more I understand why the employment tribunals are always so busy … and the more I think I’m starting to understand why we have so many people kept out of the workforce on long-term sick.