Employees with agoraphobia — a fear of being unable to escape — can sue their employers if they are not allowed to work from home, a tribunal has ruled. Telling workers with this anxiety disorder that they must attend the office can amount to disability discrimination under UK employment law, according to the judgement.
Landmark Ruling on Agoraphobia and Home Working
People with agoraphobia experience a fear of crowded places from which escape might be difficult, often leaving them too scared to leave their homes. The landmark ruling came after lifelong council worker Marina Dudding, who has agoraphobia, was banned from working two days a week at home upon returning from sick leave. After successfully suing Gravesham Borough Council in Kent for disability discrimination and unfair dismissal, she is set to receive compensation.
Background of the Case
London South Employment Tribunal heard that Ms Dudding worked for Gravesham Borough Council from September 2000, with her final role being an allocations officer within its housing options service. She worked 37 hours a week and, from 2021 following the Covid-19 pandemic, she worked two days a week from home. The tribunal heard: 'Due to her Generalized Anxiety Disorder and Moderate Depressive Episode, [Ms Dudding] experiences symptoms of agoraphobia which makes it difficult for her to leave her home. When having to leave the house, [she] finds it very stressful and becomes anxious, she has palpitations and abdominal pain on her way out to her destination.'
Impact of Office Work on Health
At the tribunal, Ms Dudding's lawyer explained why she prefers to work from home. It was heard: 'When working from the office, [Ms Dudding] is interrupted with the performance of her duties, as colleagues can come forward to interact with [her] to ask questions or raise concerns which would add further stress and anxiety. Having to work from the office causes [her] to feel chest pain or rapid heart rate, nausea, hyperventilation or trouble breathing. During her time in the office, [Ms Dudding] has found it increasingly difficult to concentrate due to the noisy environment. This distraction has contributed to a heightened level of anxiety, which can sometimes escalate to a point where [she] experiences anxiety attacks. This resulted in [her] often having to isolate in the rest rooms for up to 15 minutes in an attempt to reduce her anxiety.' In contrast, when working from home, she is able to focus in a quiet environment free from distractions and manage her stress, which positively impacts her performance.
Events Leading to Dismissal
The tribunal heard that between March and July 2023, Ms Dudding was on sick leave as she was not able to leave her home and 'not physically able' to come into the office. She attributed her time off to work-related stress, high blood pressure, and anxiety. She returned to work on a phased basis but failed to attend an appraisal meeting in October 2023, leading to a disciplinary investigation amid concerns about complaints regarding her telephone conduct. The tribunal heard: 'From 24 October 2023 the [council] imposed an office-only requirement on [Ms Dudding] by revoking her established hybrid working arrangement. This requirement remained in place thereafter and operated in practice as a continuing expectation that [she] attend the office daily, without any identified review mechanism or time limit.' Ms Dudding emailed her managers, stating it was having a 'severe negative impact' on her health. A further investigation ensued, and she took sick leave in January 2024 before receiving a final written warning in March. She attempted to return to work in April 2024 but was told her hybrid work would not be reinstated, causing her distress. She had also requested a later start time of 11:30 am due to her condition. After further unsuccessful discussions about hybrid working and start times, she was dismissed. Management decided that she needed in-office support and oversight that could not be achieved when working from home.
Tribunal Findings and Compensation
Ms Dudding brought the case to tribunal and won two disability discrimination claims, one indirect disability discrimination claim, and unfair dismissal. She is now in line for compensation. Employment Judge Caoimhe O'Neill said: 'The Tribunal finds that each impairment, namely GAD, MDE and agoraphobia, had a substantial adverse effect on [Ms Dudding's] ability to carry out normal day-to-day activities throughout the material period. [Gravesham Borough Council] knew, or in any event ought reasonably to have known, of [Ms Dudding's] agoraphobia from May 2023 upon receipt of Occupational Health advice and [Ms Dudding] emails. From November 2023 onwards, [Ms Dudding] sent numerous emails to multiple managers explaining that the amended working pattern was severely worsening her morning functioning and overall health. Those communications provided a clear and contemporaneous audit trail of the difficulties she was experiencing. [Gravesham Borough Council] maintained repeatedly that, following the disciplinary process, in-person oversight, daily office attendance, and early-morning presence were operationally necessary for an employee returning from a live warning. That rationale was advanced in general terms, without reference to any characteristic personal to [Ms Dudding]. Further, [Gravesham Borough Council's] insistence upon office-only working had no clear evidential foundation. Hybrid working remained available to other members of the team.'
