What’s the next step

[Beermonster]

During lockdown we have been very busy, and have been working 7 days a week, I’ve furlough one person until the end on May because she couldn’t find childcare, I’ve since extended that till late June, but she is due back next week, but when I last spoke to her she said she still doesn’t have child care and I’m going to have to extend her furlough, that’s not going to happen as we are turning business away due to staff shortages, we have put social distancing methods in place so it as safe as we can make it, as a business I need to move on, what next?

 

[Beermonster]

I should have said, she only works 10 hours a week, I’ve offered alternative working hours when only I would be in, but she won’t do them.

 

[Mr D]

Your choices appear furlough, or her resigning. If she can't find childcare then her choices are limited.
The staff shortages - get a temp in? Get someone on a short term contract? Perhaps even a couple of people so you can go back to working 5 days out of 7?

 

[Maxwell83]

Your choices appear furlough, or her resigning. If she can't find childcare then her choices are limited.

Why isn't dismissing her on the list of choices?

Work is there to be done, if she cannot attend then the OP may need to replace the employee with someone that can. The childcare situation is unlikely to change before September...

 

[Mr D]

Why isn't dismissing her on the list of choices?

Work is there to be done, if she cannot attend then the OP may need to replace the employee with someone that can. The childcare situation is unlikely to change before September...

Is dismissing a woman who cannot get childcare organised at this time a viable option?

 

[JEREMY HAWKE]

I think you should run this upto the third week in July (month from now)
This gives her reasonable time to sort herself out but equally important we will hit the summer holidays and an employee will no longer be able to use this excuse as the children would be on summer holidays. By then and the employee would have already planned for school holiday child care

 

[JEREMY HAWKE]

Is dismissing a woman who cannot get childcare organised at this time a viable option?

I also agree with this comment it is not a good time to dismiss an employee over childcare at this time

 

[ecommerce84]

If she can’t get childcare, then it’s irrelevant that you’ve put in social distancing measures or will be the only one in as she still won’t be able to work.

It doesn’t sound like she is uncomfortable to come back through fear of contracting the virus but rather unable to as she can’t find childcare.

Can’t you replace her with someone on a temporary basis. Other than accruing holiday it isn’t costing you anything to keep her on furlough other than lost business which you can address by employing someone else in the short term.

I also agree with Jeremy and Mr D in that dismissal should be the absolute last case scenario, especially that there are other workable options available.

 

[Newchodge]

Dismissing for childcare problems leaves you open to a potential indirect sex discriminaiton case, as women are much more likely to be affected by the lack of childcare than men.

I don't agree that childcare would have been organised for the summer holidays so would be available then - she may have normally relied on grandparents who cannot, currently, provide that service.

I would suggest a detailed conversation, to include local childminding and so on, depending on the age of the child(ren).

 

[The Byre]

A couple of years back, we had someone who gave birth and then now and again, had childcare problems. It was an emergency, so we took care of the child. It ain't rocket science! If you want to keep her, I suggest you find a way for her to be able to have her child looked after.

If a TV station can provide childcare AND dog care during working hours, you can crack this one!

 

[Scalloway]

If the business pays for child care it will be a taxable benefit.

 

[Aniela]

What is the job role?

Possibility to allow the child to come into the workplace, if she's open to that.

 

[billybob99]

Can the kid help pack stuff for your business.

 

[Beermonster]

I’m not running a nursery so providing child care isn’t an option, I’ve give her the option to do a few hours at the weekend, but her husband won’t let her do it because he doesn’t want to look after the child, I don’t want to get shut of her and I have had someone in temporary but he’s not very good, I need to have people I can leave to do a job, and not have to supervise them to make sure they are doing what they are paid for, the temp is not that.

 

[Mr D]

I’m not running a nursery so providing child care isn’t an option, I’ve give her the option to do a few hours at the weekend, but her husband won’t let her do it because he doesn’t want to look after the child, I don’t want to get shut of her and I have had someone in temporary but he’s not very good, I need to have people I can leave to do a job, and not have to supervise them to make sure they are doing what they are paid for, the temp is not that.

Then get a different temp.

 

[Aniela]

I’m not running a nursery so providing child care isn’t an option, I’ve give her the option to do a few hours at the weekend, but her husband won’t let her do it because he doesn’t want to look after the child, I don’t want to get shut of her and I have had someone in temporary but he’s not very good, I need to have people I can leave to do a job, and not have to supervise them to make sure they are doing what they are paid for, the temp is not that.

You don't have to be running a nursery for childcare to be a consideration. What job role is it that she does? I feel you skipped answering that question on purpose.

These are exceptional circumstances and as a boss, you should have in mind, exceptional considerations.

 

[Interestedobserver]

What job does she do?

 

[Newchodge]

I need to have people I can leave to do a job, and not have to supervise them to make sure they are doing what they are paid for, the temp is not that.

How does dismissing her achieve that?

 

[simon field]

Nobody’s asked how long this employee has worked for the OP.

Less than 2 years?

From the outside looking in it appears the OP has offered flexibility but this has been turned down due to ‘hubby don’t wanna do it’.

 

[menetworkjadaltd]

her husband won’t let her do it because he doesn’t want to look after the child

Sounds like a sad situation

 

[Alison Moore]

I'm not sure 'hubby not wanting to look after their kid' is an excuse as to why she can't go back to work. If you've offered her weekend work, to accommodate her childcare issues then you're being more than fair.

 

[Mr D]

I'm not sure 'hubby not wanting to look after their kid' is an excuse as to why she can't go back to work. If you've offered her weekend work, to accommodate her childcare issues then you're being more than fair.

Then again we haven't met her kid....
And her husband has.

Have met husbands, admittedly somewhat rare, that refuse to change a nappy or clean up sick. We don't know all the details, perhaps OP does.

 

[Aniela]

Nobody’s asked how long this employee has worked for the OP.

Less than 2 years?

From the outside looking in it appears the OP has offered flexibility but this has been turned down due to ‘hubby don’t wanna do it’.

I may be wrong but the 2 year period is irrelevant if a dismissal is considered unfair, for example sexist reasons, discrimination etc.

 

[simon field]

I may be wrong but the 2 year period is irrelevant if a dismissal is considered unfair, for example sexist reasons, discrimination etc.

That’s correct, so best to just say ‘sorry, it ain’t working out’