Staff member refusing to return to the office Post Reply

[MizzleMummy]

Hi,
 
I manage a medium-sized team (10 people) and one of our team moved to another part of the UK during the pandemic - approx 4 hours' drive to the office. Since early 2023, our team works two days a week in the office, 3 days WFH.
 
She did this for the best part of a year although worked remotely for 3 months of this due to her mother being "very seriously ill". Her parents live near her. After 3 months, I had to meet with her on Teams to advise her that she needed to come back on site. She did this for a few months but then fell pregnant in March and due in December. Never heard another word about the mother who seems to have made a miraculous recovery.
 
She claimed early on that she was too ill to travel the 4 hours to work (hyperemesis) but that she was able to continue WFH with the odd break here and there.
 
In consultation with HR, initially she was told if she's too sick to travel, she's too sick to work. She sent in a threatening and very nasty Solicitor's letter. HR eventually relented. Fine.
 
Here's the issue:
 
I have several people on the team who are angry that she hasn't been on site for so long. They all have to travel decent distances (the nature of working in London) and feel she's taking the p*ss. They feel it's one rule for her and a different for everyone else - they don't know about the letter and the threats.
 
Anyway, I'm thinking ahead to the inevitable 'return to work' after 6 months. I think the next thing will be that she's breastfeeding and can't leave the baby. I foresee another threatening Solictor's letter. We provide a room on site for nursing mothers and we also have an onsite creche (she's already hinted at "struggling" to find childcare as she lives rurally).
 
Do we have a leg to stand on in insisting she returns to the office once mat leave is up?

[chorister]

I an NOT an HR professional but have managed a number of businesses and been faced with HR Issues, though never this one - these WFH issues are a post covid special.  I was on a long conference call with the CEO of a business I advise on a similar issue, though without the pregnancy complication, last week.  All that is a disclaimer so that you understand the limits of my knowledge.

It sounds to me that you have behaved very well and sympathetically towards her, given that the issue was her mother, not her own health, and that in many respects you are a model employer.  In my experience I am afraid there are always some people who take advantage of that.

I'm afraid you need a really good HR solicitor and a good look at her contract.  You could try Gregsons in Wimbledon - they are a good, sensible general firm.  I would also explore where you stand in terms of confidentiality etc if you were to give the rest of your team an honest briefing.

Hope that helps and good luck.  Don't abandon your decent generous policies - in the long term they do work.

[muddyboots]

She should apply for a job in the civil service, she would fit right in. Especially since Starmer immediately removed the Tory pledge to get civil servants back into the office

Its a but odd to post about cases such as this online for a professional company.
Hopefully your HR will know what to do, but to any normal person she’s certainly taking the p@ss.

I would start the process of formal warnings etc with the aim to prove she can’t perform the job as required .

[Fleece]

I’m not an HR professional - and surprised you are seeking professional advice like this online, however, I am amazed by your attitude and what you have written - I am glad I am not experiencing pregnancy sickness working for you and in your team - the motherhood penalty is real and here we are seeing it in action!!

From what I see, she worked as per your stipulations for most of 2023 til her mother got sick? She returned to the office when you held the zoom to tell her to do so? She now presumably has the doctors evidence to show 1) she is pregnant 2) with HG? Which would you be sceptical that she can work with adequate breaks? It is well documented that pregnancy sickness is improved with rest and I imagine not commuting is contributing to that. Is she delivering on the content of her job or not? You have made no complaints about that and that is the critical thing. How long has she been there?

I feel for the team and understand you are managing those dynamics too, but if they are all miserable at the lack of flexibility perhaps you could chat to them about their preferences and… be a bit more flexible? It’s not like you have a team of 10,000.

Honestly - strive for a kinder workplace and the work people are able to do might surprise you. And if HGwoman at home decides the commute after pregnancy is too much for her- cross that bridge, for now it is not your business, deeply disappointing to see this written, and frankly women/people should do more to support women at work.

[Mummy2014]

How incredibly unprofessional you are to post about this woman’s confidential working arrangements on social media. It’s inappropriate and offensive. You have an HR team. I wonder what they would say about you posting this on social media, along with dismissive emojis implying this woman has lied about her mother’s health.

With a bully like you as a team manager it is no wonder she doesn’t want to work from the office. I hope she sees this and sues you.

[Mummy2014]

Thank you for this response. You’ve touched on all the right issues. I was too shocked at the post to address anything other than the bullying.

[Terrier_London]

"She should apply for a job in the civil service, she would fit right in. Especially since Starmer immediately removed the Tory pledge to get civil servants back into the office"

Very ignorant post. The Tories, in their infinite wisdom, closed down a lot of the civil service office space. Even if all of the civil service turned up to the office, there would be insufficient desks for them. Besides, if they can work remotely, why not allow this - saves the tax payer money on office space for civil servants, and frees up space on public transport.

Unless you need the to be in the office because you get off on the performative cruelty that the likes of Rees-Mogg so enjoyed.





 

[Flowermummy]

OP - your team doesn’t sound so nice I’m afraid. I’d suggest you all try to deal with this in a professional way - posting this on NVN sounds like a whinge (because this is not a forum for professional advice). Go through this with your boss and HR and see what the best way forward is for all concerned.