Just would like some feedback on how some of you might handle this particular scenario.  We have a recent new start (less than a month into role).  Fairly senior role where it would be expected to work beyond hours dictated in contract (contract has the normal clause - the seniority of your position would mean from time to time you would be expected to work additional hours etc etc).  This person would have been very much aware that this was not going to be a bog standard 9-5 role.  Her manager has asked for some flexibility beyond 5pm - mainly because we deal with different time zones.  However this person has flat out refused as she has to pick her child up from creche.  Her manager has been understanding of this being a single mother herself and has asked therefore that she at times would work from home in evening to be able to check into meetings etc, this again has been refused to the point she refuses to take her laptop home.  In addition to this there have been reports not completed for meetings at exec level.  The person also phoned in one morning saying "the baby was awake all night so she did not sleep, was exhausted and therefore would work from home!" Personally I find that one strange as you are either fit to work or not regardless of where your work is being carried out.  The issue is at the crux of it it seems that this person wanted the salary for the role but does not wish to commit to its demands.  Her manager does not feel she is the right fit for the role but is fearful that because she has childcare issues that to let her go at this stage would leave us open to a discrimination case, all be it that is definitely not the case as to date her general performance has been lacklustre, she has not shown up for important meetings, refuses to show any flexibility even when company willing to work with  her and also her knowledge also seems to be lacking in terms of non completion of reports (Excel based).