Tricky situation with team member - any advice please?

[builderbare]

I manage a very tricky member of my team. She had previously been unwell for a while with a condition that’s treatable - she initially had a very long spell on sick leave then a very long phased return. Shes back FT now but has hung on to one day a week WFH. This was agreed with Occ Health and on the advice of HR we were told that this was considered a reasonable adjustment.

This condition seems to improve when it suits and when she thinks there’s a risk that the WFH will be revoked or there’s grumbling about it then it flares up again, despite it being a condition that once treated should be cured. She’s constantly pushing the GP and phoning up consultants but from what she’s saying they can’t find anything wrong with her now.

It should be noted that Shes got an ulterior motive to WFH one day a week which I won’t go into here as it could be outing.

We’d Like her back in the office FT - admittedly there’s not too much of an effect on the business but we know that it’s not being done to help her health, it’s being done for other reasons and quite frankly it’s not fair to the rest of the team who would probably all like a day at home.

HR are not being terribly helpful and are saying that we should take everything she says at face value and as it’s gone on for so long it could now be classed as a disability.

Theyve suggested that we call a meeting with her to try and get to the bottom of exactly what is the matter with her but they’re also advising that we tread carefully.

It doesn’t help that the woman is quite militant and seems to tho k she’s knows all the laws and what she’s entitled to.

If there are any HR professionals that could give an idea how best to proceed I’d be grateful.

I really think you are being unfair OP.

I suffered from a chronic pain condition for years - all tests clear - which sometimes would flare up horribly.

I didn't seek any adjustments at work but in all honesty working in an office was absolute agony. Thankfully I managed to get my chronic condition cured but looking back I've no idea how I even managed to work at all. I guess when things are ongoing you can get used to insane amounts of pain.

I actually think everyone should be allowed to WFH full time. It's so much better for mothers doing pickups, research shows it helps women to stay in the workplace after mat leave and progress better = more female leaders - and it's so inclusive for people with disabilities or medical conditions who otherwise wouldn't be able to hold down a job and would have to claim benefits.

I manage a large team of about 20 and our workplace mandates 3-4 days in the office, rest WFH. If I was you I'd be pushing her to work more days WFH to get her condition under control.

If she's doing the work, what's the issue? It sounds like you just think she's faking it (you have no medical evidence of that, so that's discrimination in as of itself) and you think it's unfair she gets a WFH day and you don't.

Honestly her WFH should be encouraged by you - it helps her manage ill health, research shows WFH employees are more productive and it also promotes inclusion of disabilities at work

HR are definitely taking the right approach by taking her at face value.
you just don’t know and as long as she does her work (even at less capacity - this is also a reasonable adjustment). Many conditions do flare up esp autoimmune ones. They can be confusing to the person with the condition so I understand why it may be confusing to you.

If you don’t like her though this could be clouding your judgement. How would you feel if it was someone you really liked? Would you believe them?

i had cancer several years ago. All my treatment has finished and I am perfectly ok now but I’m not the same person I was before! I get fatigued more easily, which comes and goes. My brain just isn’t as quick as it was. I can still do my job but just not quite as well as I did before (in terms of speed). But on paper I am healthy and recovered from my illness.

I would hate for my manager to not be as understanding as she is. It would add stress to my life that I honestly just don’t need.

I have to admit I don’t like being lied to and that has clouded my judgement a bit.
The pushing back on WFH is coming from the company owner though. I think it’s clear I need to take it all at face value and approve it. Then manage any issues about productivity if they crop up

OP there's a lot of judgement from you when describing her. Hypochondriac, drama queen etc etc. Stop. You sound awful and bitter about it.

If she has a reason and it's legitimate ( despite you saying it's false/ fabricated and gone) unless you can prove it then your no better than her for saying something without evidence. She is clearly under investigation with Dr's and some things can take years to diagnose if ever. Back right off or get yourself in hot water with hr.

It’s 2024, all your employees should be able to access part time home working if practical. She’s not a brain surgeon, she doesn’t need to be present in the office 5 days a week

@builderbare You may very well be right about her faking it now, but regardless of whether she is, or isn't ( and she may not be), I think you absolutely need to follow the advice that your HR person is giving you. Having said that, if she then can't be contacted at times during the day she works from home, isn't managing to get a days work done in working hours, that would be a different issue and could be dealt with under disciplinary measures, if necessary.

As others have said though if it isn't a major problem if she is not in the office for one day a week and WFH, your company should really be trying to offer flexibility where possible - and they may have to very shortly

She clearly doesn’t feel well. You could opt to dismiss her present experience but that would make you a dodgy manager

Thanks all, I had no idea the law was about to change so I’m glad I made this thread. Perhaps it will make it easier for everyone to request flexibility. Me included!

I would pick a different hill to die on.
You can't tangibly point to any business detriment. The best way to remove the irritation is just to stop allowing it to irritate you.
If anyone else is unhappy with it, it's a reasonable adjustment for a confidential reason.

That could be summarised as 'How to put your employer on the hook for a massive discrimination payout' in one little post.

So we you er.... a little resentful she is gloating about being able to WFH one day a week as you wanted it too?
If she has a disability, you are obliged to make reasonable adjustments

Just let her wfh one day a week. She works longer that day to compensate for missed time so I really cannot see the issue. Not sure why you’re being a bit of a dick about it. Can’t imagine working for a company with such a culture.

It is frustrating when you’ve a good idea that you’re being fooled. There’s been a few slip ups on her part with changing stories. It seems our hands are tied so we’ll just let her have it permanently. Once she finds out she can legally make a request twice a year I will guarantee that I’ll be spending most of my time dealing with her requests as it won’t end with this one.

I get the impression from your post that you can’t say why but she is not even working at all on the Working From Home day. If that is the case it is not right for the rest of the staff to be doing the work that is not being done by this colleague. The GP and Occupational Health should be able to confirm the condition and what they are able to do.

Most people who are unwell are genuine but I know some people take advantage of the system and are not really ill at all. Just have to tread carefully and follow the company policies and procedures and the law. You never know this colleague might get a job elsewhere.

You are not a healthcare professional so it is not appropriate for you to think that you can decide whether she is genuinely unwell or not or to call her 'hypochondriac'.

Occupational Health are the ones who should be dealing with this and you should respect the medical evidence that she is supplying.

I really don't see the issue with someone WFH one day a week. Frankly It sounds like you have a grudge against her and are wasting way to much energy and time on trying to make her life difficult...

People are allowed to ask for reasonable adjustments, especially if they have disabilities/long term health condition.

It is not a great idea for your company just to have the rigid attitude and a blanket policy that WFH is discouraged without considering that they might be on thin ice if they fail to consider WFH as a reasonable adjustment when a staff member is struggling with their health.

I can see why the OP is annoyed, we've all got to fucking tiptoe around these people who are constantly off sick and treat them like their made of glass while picking up their slack. It's not fair, I'm sure the entire company would love to WFH one day per week. It's people like the OP describes who full on take the piss who ruin it for people who genuinely need reasonable adjustments.

She’s definitely working on her WFH day, there’s no issue there. I suppose the fundamental problem is that the owner of the company has said they don’t want people WFH but she’s been allowed it as part of her phased return but she’s never come back fully - every time it’s mentioned her medical issue suddenly rears its head. Her original illness isn’t something that is usually considered a long term thing, it’s usually treated and then it’s done. She’s still complaining of effects almost two years later.

The company is small, Occ Health is a nurse that is contracted to come when we need her. HR is a one man band. Like a PP said, I don’t want to die on this hill so I’m going to have to let her do it.

This isn't about you. This is an employee who has been suffering ill health probably feels like crap most of her week and your only concern is that you feel fooled. She probably has to bend the truth because you as her employer is being unsupportive towards her needs.

If she's been unwell for a period of months and had time on sick leave and then had a phased return she must have medical evidence coming out of her ears.

Any medical condition that lasts more than a year and has an impact on the person's life can be considered a disability under the equalities act so your HR person is acting in such a way to stay within the law.

You say that the medical condition is curable. As others have said, many medical conditions are curable but leave behind reminders that they were once there - pain is common, fatigue etc. if she's going to the GP and seeing consultants then she obviously wants it fixed.

Legally this is extremely tricky ground for the company as she's clearly disabled under the equalities act definition, she's been very ill and the company now believe she's making it up whereas she's saying she is still ill.

Given the situation it is basically impossible to prove she is making it up (if indeed she is) and suggesting in any way she is will probably find the company in the wrong end of a disability discrimination case at industrial tribunal.

It’s just a shame that all GP’s and consultants cannot find anything wrong with her now. She has no long term diagnosis, just what she says she’s feeling.

Things like fibromyalgia are difficult to diagnose, no that I have any experience of it.
i have mid stage Parkinson’s, 62, I left work at 59, over some performance issues.
, I tried to get things resolved, and realised a year later before diagnosis, it prob had caused some of the problem , and in hindsight others had noticed.
No apology from area manager.
Had other health issues that eventually got sorted.
My health has declined a lot, now

You don’t like her. Just admit it and you’ll find it easier to move on.

Op it seems it’s a very good idea to post here. You have been given some solid advice. I do understand your frustration and empathize with you if you feel “something” is a bit off about her medical leave. My colleague took a vacation week in june July August September and on the weeks she wasn’t on vacation she was on surgical leave. The whole summer. In your situation I would leave her be. It’s not worth the problems it’s will create for you. If upper management or owners don’t like the WFH they can address it with HR. It may be better for her to be at home if you feel there is a lot of conversation around her illnesses and medicines etc. monitor the completion of work but always ask yourself ….as evidenced by. She has poor attendance as evidenced by…the wfh is not working out as evidenced by…. This helps keep it absolutely objective. My colleagues time off was all ultimately approved and she had in fact “earned” all that time off but the timing was pretty well executed to provide a full summer off

It does all feel a bit off but I’m very glad I’ve posted here as it’s given me another perspective on it and I certainly don’t want to get into hot water.
This is the problem with being in a small company, it’s definitely not moved with the times and I recognise I’m probably looking at it from an older fashioned view too.
She knows what she’s entitled to and it seems like she’s gone the right way around getting it.

Absolutely do not do this. Get off her case and behave like an empathetic person. HR are being more empathetic than you are, which should tell you something