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?

The same thing happened in my workplace’. In the end, the lady returning from maternity leave wanted part time, so they were able to find her a different role on a job share and make the exceptional temp full time. Everyone was happy with the arrangement. But I’d be very, very careful with this sort of thing and I’d take some good legal advice!

A friend’s DD experienced this (she was the high performing temp). Her performance was so good they didn’t want to let her go (sales went up exponentially), so they created a position at a higher level that she was appointed into on a permanent contract.

The ML employee was off for a year - I understand that if you are off for more than 26 weeks the company is not obliged to hold the same job for you (unless it is reasonable and practical?) - so the job she returned to was slightly altered. It turned out that ML person kicked off upon return, had a tantrum and was abusive to my friend’s DD, so was called into HR. She’s been back 3m now, is in a different department, but will be put on a PIP. All carefully documented to avoid it being considered constructive dismissal.

My job has complete flexi hours between 7 am and 7 pm. Most of us have children or caring duties. Nobody is inconvenienced by anyone else clocking out, even if it is for a substantial amount of time.

My one question is why has this underperforming colleague not been dealt with before?

Wow, the office sounds like a super nasty and unsupportive environment, so I am not amazed she does the bare minimum if you're all pushing people out.

Just remember, one day they'll be coming for you and everyone is replaceable.

Quite apart from the legalities, the temp might not wish to stay. Neither of the people covering my mat leaves liked the role and whilst they could do it, they wouldn’t have wanted it long term.

Wow, glad I don't work in your toxic firm, managers talking to others about other staffs performance, no idea about ppl manager basic world place law.
Cannot believe you would want to shaft someone this way. Hope it's not you one day needing support from colleagues.

A temp can start underperforming when they get a regular position too.

There is no conundrum as far as I can see? You have a staff member meeting her minimum obligations who has gone on mat leave, and a temp who is doing very well.

The employee on mat leave will rejoin work if she chooses to, as is her right.

I think the best you can do is work out what is expected of mat leave colleague when they return, performance-wise, without referring to what cover colleague has done. I don’t think you can manage them out as they haven’t really done anything wrong. Their manager should have been on top of their productivity / output while they were there.

Agree with others this all sounds v unprofessional though, and should not have been discussed openly. If this gets back to mat leave colleague that would be awful.

Your office sounds vile and your boss in particular is beyond unprofessional. Returning from mat leave can make you feel incredibly vulnerable at the best of times, I have never forgotten an ex line manager greeting me on a kit day by telling me "to be honest I never thought you'd be coming back."

I hope the mat leave employee rumbles this nasty little gossip factory, none of you sound bright enough to not put anything in writing so hopefully she gets herself a massive payout in a tribunal and a nice new job.

OP has vanished in a cloud of shame 🥳

I appreciate everyone's replies. I would like to clarify a few points for you all. The parties involved (me, maternity leaver, line manager, temp replacement) are all women.

A PP mentioned learning from the temp staff member while she's here - that's precisely what I've been doing, and I hope other staff have been doing the same. She's been sensational. She has boosted morale in the whole department with how well she has performed. I certainly don't want her to go, and I don't think anyone else does either. When a staff member is underperforming, it can have a compounding effect where it damages team morale and causes frustration in the entire cohort. For me it harks back to the old adage about a team only being as strong as its weakest link. And frankly, MML (Miss Maternity Leaver) was the weakest link. Another PP mentioned that working mums can often be a pain (or in other words, a liability) more than an asset. That might have ruffled some people's feathers, but it's quite often been true in my experience. Also, there was a PP who said she was devastated when she returned after mat leave and her manager said to her "I didn't think you were coming back". I think that's what my line manager would probably say to MML when she returns - she will probably be thinking that even if she doesn't say it. I would be thinking the same thing as well.

Op has either not read or not understood the responses on this thread.

Don't you understand op, you can't just fire a woman who returns from mat leave, because you prefer her cover replacement.

It is the no1 classic example of maternity discrimination. It is literally the first, most obvious, simplest example of how to discriminate on the basis of maternity.

If you had a problem with her performance historically you needed to have dealt with that before she went on leave. If you have a problem with her performance after she returns, you need to deal with that appropriately which includes supporting her to meet the standards.

Another PP mentioned that working mums can often be a pain (or in other words, a liability) more than an asset.

Why have you chosen mumsnet of all places to air this anti-mother shite?

@Workplaceconundruma liability??? Fuck me, without working mums society would be screwed! Who works in hospitals, prisons, care homes, nurseries, law firms, schools etc. I hope you know many many many surgeons and consultants are working mums. God help you OP if you get into an accident and might have one of these ‘liability’ working mums saving your life. Bet they’re too lazy too

If the manager thinks woman on mat leave was underperforming, did they take action to address performance before the mat leave? If not, that's weak management.

If the manager didn't realise there was an under performance issue until someone who's performing well came along, well that's also poor management.

The fact that the manager is openly talking about how they wish they could get rid of the woman on mat leave is really shit management and would work against the employer if it ever came to light at a tribunal.

I really hope the woman on mat leave finds another job while she's off. Not because it would make you and your boss happy but because it sounds like a truly awful place to work with discriminatory managers who are totally clueless about employment law.

lol I’m pretty sure OP is just trolling so not sure why other posters getting so worked up …

But OP in the event that you are for real, why are you working for a boss who is happy to gossip about other staff? What do you think they might be saying about you behind your back?

To be honest, everyone in this situation sounds trash.

Whoever is supposed to be monitoring her performance and managing her, clearly isn’t doing a good job. It’s their job to make sure her performance is good and that she isn’t dragging the team down. I don’t really think this has anything to do with her being pregnant or on maternity leave. Her management let her coast and didn’t have the difficult conversations to get her performance up to speed at the appropriate time. It doesn’t matter that she does just enough to not be sacked - there’s interim measures aside from sacking surely

You sound like an idiot OP.

plus, this person who is a high performer knows they’re a high performer. They may very well be looking to leave this role asap, and you’d be fucked if you put all your eggs into one basket with this better colleague and are left with nothing when they leave (aside from a pending tribunal from the pregnant colleague).

Come on OP. This is trolling now isn’t it? You don’t read all the comments and post on a website specifically for mothers, that working mothers are a liability. If you and your work colleagues are relying on one person to boost morale then may I suggest therapy where you will learn to value yourself and your own work. Also isn’t that your beloved boss’ role?

Sounds like you have a really crap manager if this is true. They should have addressed mat leave colleague’s performance before she went off. If cover has anything about her she will not want to stay as this sounds like an awful place to work

Also anyone could unexpectedly fall into your ‘liability’ category, who have a bit more going on in their life than work - people who have a life-changing accident and need time off, get a chronic illness and need time off, have to look after elderly parents who need help at short notice - it’s not just working mums who might need a bit of flexibility from their employer but are good, skilled employees.

If the employee on mat leave was crap from day one why didn't the boss give them training or a performance review or something to improve their output?

Or were they good at first then got lazy? The temp might be being great because they know they can leave soon. If they were stuck there they might start disengaging as well. Seeing as your boss sounds utterly pants. So morale would suffer.

Someone find out who this deplorable person is that is asking for underhand ways to leave a new Mum without a job please. And expose the company! Disgusting behaviour!!! I’m appalled by you and I hope you are ashamed! If your company has concerns about someone’s performance then that was their duty to take the necessary steps at the time, It’s not difficult to tackle under performance actually - if it’s true!

I don’t have the intelligence otherwise I would make it my mission to expose you and your boss.

I was the high performing temp in this situation and I was outraged when the office rumour mill let me know that people were saying negative stuff about her. An employee only needs to do the minimum. Temps, from their perspective, are there for a reason, usually i good development opportunity. Do of course they will be going above and beyond, they only have a short time to impress and they are bringing that 'new to role' energy. You cant compare the two.