UK Tribunal: Denying Remote Work is Discrimination

A significant ruling by a UK employment tribunal states that employers denying remote work to employees with agoraphobia may be liable for discrimination. The judgment clarifies that compelling individuals with this anxiety disorder, characterized by a fear of leaving home, to work in an office could be considered disability discrimination.

The case involved Marina Dudding, a long-serving council housing officer, who sued Gravesham Borough Council in Kent. Ms. Dudding, who has Generalized Anxiety Disorder, Moderate Depressive Episode, and agoraphobia making it difficult to leave her home, had been working a hybrid schedule. Upon her return from sick leave in October 2023, the council revoked her hybrid working arrangement, imposing an office-only requirement.

Ms. Dudding argued that office work exacerbated her anxiety symptoms, causing physical distress and impacting her concentration due to a noisy environment. Conversely, working from home allowed her to focus better and manage stress. Despite her communications detailing the severe health impact of the office-only mandate, the council insisted on in-person oversight.

Ultimately, Ms. Dudding won her claims for disability discrimination and unfair dismissal. The tribunal found that the council knew or ought to have known about her condition and that their insistence on office-only working lacked clear evidential foundation, especially as hybrid work remained an option for other team members. She is now entitled to compensation.