Work colleague (currently on mat leave) is being outperformed massively by temp replacement

[Workplaceconundrum]

A potentially tricky situation has cropped up in my workplace and I'd like to ask for MN's thoughts about it. A colleague is currently on maternity leave and isn't due to return for another 8 months. A replacement has been drafted in on a temporary basis. While they have only been here for a few months, the difference in their productivity and performance (compared to the colleague on ML) has been astonishing. I myself would say it's been a night and day difference in performance between them, and I am quite certain most of the other staff would agree. I would say she is a nice enough person, but can be prone to slacking and underperforming. She basically does enough not to get sacked (just about), but doesn't exert herself compared to other staff. All of this was true even before she was pregnant, but the pregnancy made it more egregious.

Now I understand that you can't sack staff just for being pregnant, but my boss has seemingly got themselves into a pickle. They have been openly discussing with myself and others that they wouldn't mind if the mat leave colleague didn't come back. They can't get rid of her now though, as that would be an unfair dismissal case waiting to happen. What other levers could they potentially pull if they wanted to get rid of her without getting into any ethical hot water? Could they offer her voluntary redundancy? What if someone tried to gently persuade her to resign?

Your team obviously aren't concerned about legalities so when she returns just roll her up in a carpet and bundle her onto a ferry somewhere. Jobs a goodun.

“My manager has got themselves into a pickle by doing no effective performance management and avoiding difficult conversations now wants to break employment law to carry on avoiding difficult conversations whilst gossiping about it to staff.”

Fixed that for you there.

I hope one of you has the decency to report this course of action. Or you know, post about it on social media. None of you come out of this looking good.

perhaps the temp will get a promotion

If your manager likes the new worker he needs to create a role for him. Your colleague on maternity must return. If after her return she is still doing the bare minimum then your manager needs to have a conversation and put in place something to support her. This may eventually lead to dismissal if she doesn't respond well but this needs to be done properly and she may thrive with support.

This is on whomever her manager is to have managed her performance long before now.

She will likely need support and any performance management will need to be done in a sensitive way if she is wishing to return.

Unfortunately it doesn’t seem like those in charge will have a clue how to do either?!

Gossiping about her like this while she’s on mat leave is deeply unprofessional and indicates a toxic work environment, as PP have highlighted.

I would stay out of it if you can.

This is a bit odd. MN usually loves to tell us all how hard they work and how much they contribute, yet in scenarios like this they say it’s perfectly fine for someone to underperform for years and not face any consequences. Some people are just lazy!
In this world there always has and always will be people who do less, and people who do more. There will be naturally more energetic people, those who take time to warm up, those who become overwhelmed easily. The only reason why this is ‘revealed’ more for women is due to mat leave. I have no doubt whatsoever that if men had mat leave and were replaced for a year, the companies they work for would see a lot of similar scenarios.
So essentially your manager can’t do anything now. They should have addressed the underperforming before. You can’t sack people retrospectively and would be on dodgy grounds if you did anything in the next year after she returns. But yes it’s crap.

Feel sorry for the maternity colleague what a bunch of snakes you all are

If your boss loves the temp he could keep them o in a different role? Or depending how long mat leave has been away offer mat leave another role (on same terms)

HA.
Hopefully the person on maternity leave gets wind of this. Disgraceful.
I had a RTW meeting with my (female) boss a month or so before I was due to return to my role. To be told "working mums struggle in this level, maybe you'd be better in a less "stressful" role". Word amongst my old colleagues was she wanted to keep my maternity cover.
I was absolutely devastated, I was in no way an underperformer but my bosses own prejudice meant I was wracked with stress and anxiety and hated the end of my maternity leave which re triggered my PPD.
I never returned in the end, was I fuck dealing with that. I found a role with a new company and my old company never successfully replaced me, still haven't. The original cover turned out to be skimming the books. 🤣 They have a turnover every few months of people and I see my old job advertised regularly. Luckily for me I am in a better company with better pay, better family friendly policies and better environment. Hopefully you and your "boss" get what you deserve. Please offer her redundancy and see what happens

This is a bit odd. MN usually loves to tell us all how hard they work and how much they contribute, yet in scenarios like this they say it’s perfectly fine for someone to underperform for years and not face any consequences. Some people are just lazy!

No, people are pointing out that if there is any underperforming it’s from the manager who should have dealt with this before if the colleague on mat leave is underperforming. OP said she is doing enough to not get fired, so she’s not underperforming, just not as high performing as others in the team. Which again, is a managerial problem.

Although it's not exactly the same I have a similar issue at work.
We work across multiple sites when need but everyone has their 'own' sites that they normally work at.

On one site a long term employee works to the lowest standard they can get away with but when they are on AL or sick someone else has to cover them and is expected to get the work back up to a better standard.

This has been going on for years.

At the start of this year we all had our hours reduced by 2.5 hrs per week except Lazy.

A relatively new manager has now joined ( about 6 months ago) and has tried to get Lazy to improve without much success ( they will improve for a week or 2 then drop back down )
Lazy has now been given more hrs to complete their tasks , this is absolutely not needed.
Anybody covering Lazy is still expected to do the work in their normal hours. ( 1.5 hrs less per day )

So apparently if you do your job badly you get more hrs but nobody doing your job does.

This is one of the reasons that underperformance should be tackled when it occurs. No one has been done any favours by the mat leave worker being allowed to just scrape by.

Another one here to say wow! I’ve worked in a male dominated career for years and not heard of such blatant sexism and poor management in a long while! If a person is underperforming it is often shite management! Your manger is clearly shite as he should not be talking about a colleague like this. As many others have pointed out you first try manage underperformance when you spot it and through retraining etc etc. The levers you should pull now are report your manager for blatant sexism and breaching protected characteristics in the workplace. Is the shiny new employee a man by any chance? Or a young woman? Are you a man by any chance?

The only legal thing you could do is adress the college that is under preforming by gathering evidence WHEN THEY ARE BACK! Job role, expectations time spent on tasks ect. Then you need to give them a chance to improve... This should be done by the line manager.

And be wary, the ML cover might just work their socks of in the hope of a permanent role if the other colleague doesn't return.... I've seen this many times and know the grass isn't always greener.

Wow! I take it you won't be planning on going on mat leave anytime soon?

Absolutely appalling.

I’ve known places where they kept the maternity hire on as well and made it pretty clear to the returner that it was time for her to find a new job. Really horrible, toxic workplace.

HR Director here. You’re as toxic as your boss! “Could we gently persuade her to resign.”

So basically, nobody addressed the performance issues at the time, but now that she’s out of sight and out of mind, let’s come up with a plan to exit her at her most emotionally and financially venerable time. Nice!

Well it should have been dealt with before not brushed under the carpet, but a person needs to prove themselves in their job and seek help if they can't it is not up to others to baby them

When she returns she needs to perform and if she doesn't be told too and be provided help if she asks for it

People do need help sometimes but are responsible for their actions to start with

This is a horrible and disgusting post. You support the person to do better first. If you like the mat leave cover so much then create another job. You don't shit all over a new muma job becuase your mat leave cover has wowed you with their dedication.

Keep the other person on and when the pregnant one gets back give her the lesser items of the task and ask if she wants to go part time. I know a place where a lot of the working mums are more of a pain than an asset. By the time the permanent full time staff have juggled their days to fit in with little Johnny's piano lesson, the dog's vet visit etc it is easier just to do the job yourself. If people are noticing that the pregnant mum was like this now, what will she be like when she gets back after having had a baby.

No but being a parent does not excuse not being able to the job when they return, they are responsible for that, being a mother is not an excuse

They need to welcome her back and then manage her performance in a fair and professional manner. And the manager needs to stop breaching confidentiality by gossiping inappropriately with other staff. This isn't acceptable.

Both approaches you suggest are out of the question.
The person at fault here is your manager, if your colleague is under performing then your manager needs to performance manage them to bring about the improvement required.

Jesus, your workplace and manager sound fucking awful.

One person being amazingly talented and doing a role brilliantly doesn't equal the previous incumbent being incompetent. There are brilliant people in any workplace, and they usually rise through the ranks, while others find their level in less senior positions.