An office worker with an anxiety disorder has succeeded with her disability discrimination at work claim after it was found that her employer failed to properly consider reasonable adjustments before dismissing her. The tribunal concluded that the employer should have known about its duty following her diagnosis of agoraphobia in 2023.

Read on as we examine what happened and delve further into the tribunal’s reasoning. We discuss what agoraphobia is and why it matters in the context of UK employment law.

If you believe you have faced disability discrimination in the workplace, contact Redmans Solicitors today. As employment specialists, we can assess your case, answer your queries and provide expert advice. For those eligible, we can also guide you through each stage of the legal process.

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Disability Discrimination at Work: Case Background

Ms Marina Dudding had worked for Gravesham Borough Council since 2000. In 2021, following the Covid-19 pandemic and a stress risk assessment, she began working from home two days a week.

Unfortunately, just two years later, Ms Dudding had to take a period of sick leave due to anxiety and work-related stress. She later told her employer that she could not leave her home or attend the office, with a subsequent Occupational Health (OH) report confirming she had agoraphobia, an anxiety disorder.

Matters only worsened following disciplinary issues in October 2023, though, when Ms Dudding’s work-from-home arrangement was withdrawn. She subsequently received a final written warning before OH advised that she could return to work in April 2024, provided reasonable adjustments were implemented.

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The Council denied Ms Dudding any such adjustments, however. This was particularly notable, given that several other staff members continued to work remotely. Ms Dudding was instead dismissed, with her inability to work due to ill-health cited.

Ms Dudding consequently appealed her dismissal, though this was unsuccessful. As such, she initiated Acas early conciliation before pursuing employment tribunal proceedings, raising disability discrimination at work and unfair dismissal claims.

The Employment Tribunal’s Judgment

Following the proceedings, the employment tribunal upheld all of Ms Dudding’s claims. It held that the OH report, which revealed her agoraphobia symptoms, should have influenced the Council to take appropriate action concerning reasonable adjustments. It also found that had such adjustments been implemented, Ms Dudding could have returned to work, removing the ‘capability’ justification for dismissal.

Therefore, with all of the discrimination at work and unfair dismissal claims succeeding, the case will now proceed to a remedy hearing, provided no internal agreement is reached first.

What is Agoraphobia?

Agoraphobia was central to the above case, but what is it? According to the NHS, it is an anxiety disorder involving “a fear of being in situations where escape might be difficult or that help wouldn’t be available if things go wrong.”

Individuals affected by this condition may experience fear of using public transport, leaving their homes, and more. If such circumstances were to arise, symptoms may include nausea, hyperventilation, or a rapid heartbeat.

Why Does it Matter at Work?

Under the Equality Act 2010, individuals legally considered disabled gain specific rights. Among other things, this includes protection from disability discrimination and the right to reasonable adjustments. To gain such protections and rights, a person must have a physical or mental impairment that substantially impacts their ability to undertake regular activities over the long term.

If a person with agoraphobia satisfied this legal definition, they would therefore be protected from disability discrimination at work and entitled to adjustments deemed reasonable. Examples of discrimination include being overlooked for a promotion solely because of disability or facing detriment under an internal policy. Reasonable adjustments, meanwhile, could include providing a remote work arrangement or ensuring the office environment is adequately equipped to accommodate one’s condition.

Should an employer fail to satisfy its legal obligations in such circumstances, or breach a person’s rights, it could face both legal and reputational consequences. Like in the above case, disability discrimination at work or unfair dismissal claims could arise. However, prospective clients or employees could also be dissuaded from engaging with it due to the perceived poor work culture. Both of these consequences could negatively impact the employer, reducing productivity and profits, making it vital to avoid such issues.

What to do Following Disability Discrimination at Work

If an individual believes they’ve experienced disability discrimination at work, several options are available. Before proceeding, though, it’s often recommended to collect evidence of the incident complained of. By taking this step, individuals can strengthen their case and increase the likelihood of a successful outcome. Examples of potential evidence include CCTV footage, emails or the contact information of any witnesses.

Once evidence has been gathered, the next step is to consider internal dispute resolution avenues. Depending on what’s happened, an informal chat with one’s manager or a formal grievance may be appropriate. Either way, if a resolution can be found this way, the stresses and costs associated with legal action can be avoided.

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Where internal avenues fail to provide a satisfactory outcome, though, it may be time to initiate early conciliation through Acas. This free and independent process is required before most claims can be brought and offers another chance to resolve the matter informally.

However, where all else fails, an employment tribunal claim could be pursued. To proceed, strict eligibility criteria and time limits must be adhered to, but if successful, compensation may be awarded.

Get Help with Redmans

If you believe you have been unfairly dismissed or faced discrimination in the workplace, contact us. Redmans Solicitors are experts in the employment sector, and following a brief consultation, we can provide specialist advice.

It only takes a moment to learn more about the services we provide; simply:

• Call us directly on 020 3397 3603
• Complete our online form to request a callback