We have been hearing concerning information about employers performance managing staff that have children at home that they now have to homeschool. Trying to do a full-time job and having children at home from school that you are responsible for homeschooling is virtually impossible. There is going to be an impact on your ability to perform at the same level that you are performing when your children were at school and you were able to attend work.
What Should I Do If My Boss is Concerned About My Performance?
An employer should stop and think about whether the requirements and expectations that they have of you while you are working at home in the current context with caring responsibilities are fair and reasonable expectations. Employers must make accommodations for the fact that you have these responsibilities and that you have children at home.
It’s not a matter about having kids at home as a matter of choice in the circumstances. For example, in Victoria, schools have been closed and in NSW we have been told to keep kids home.
Outline your concerns to your employer so that you put them on notice if they are threatening performance management. You can push back if you are being put on a performance improvement plan or you’re being threatened with warning letters or dismissal if you know you are not able to perform at full capacity. Let your employer know if there are accommodations for you that they can provide to make it more realistic for you to achieve their outcomes.
Can Employers Force You To Take Annual Leave Working From Home with Kids?
In our view, it’s not fair or reasonable that you are forced to take your annual leave if all other members of staff that aren’t parents are entitled to work from home and be accommodated in the current circumstances.
It is potentially indirect discrimination against people with carers responsibilities to treat them differently compared with other membersof staff as a consequence of COVID-19. If your employer is singling you out as a parent and treating you differently than the rest of the workforce, you might have a discrimination claim.
If you are able to work from home with some accommodations because you care for your children at home, let your employer know about that. Let them know that you don’t think it’s fair and that in fact you feel you’re being discriminated against as a consequence of your carers’ responsibilities.
If you are being threatened with performance management, get in contact with us today. Don’t leave anything to chance at the moment. More than ever, it’s important for you to understand your rights at work and to enforce them with your employer.