Employers can be sued for disability discrimination if they stop staff with severe anxiety and agoraphobia from working from home, a British employment tribunal has ruled. According to a report by The Independent, forcing staff who suffer from these mental health conditions to come into the office could breach UK employment law.
The landmark ruling follows a successful legal battle by Marina Dudding, a long-serving housing officer for Gravesham Borough Council in Kent. Ms Dudding suffered from generalized anxiety disorder, depression, and agoraphobia, which left her with severe symptoms like palpitations, panic attacks, and breathing difficulties when travelling or working in a noisy office.
Following a period of sick leave in 2023, the council cancelled her hybrid working arrangement and ordered her to work from the office full-time. Managers claimed she needed in-person supervision after a disciplinary investigation into her telephone conduct. Despite Ms Dudding warning bosses that the office-only rule was severely harming her health, her hybrid arrangement was not reinstated, and she was eventually sacked.
The Independent reports that the London South Employment Tribunal ruled in Ms Dudding's favour, finding her employer guilty of unfair dismissal and multiple instances of disability discrimination. Employment Judge Caoimhe O'Neill noted that the council knew about her condition but insisted on daily office attendance without any clear evidence that it was operationally necessary, especially since other team members were still allowed to work from home.
Legal experts say this decision sends a clear message to UK employers. Under disability laws, companies must carefully consider reasonable adjustments, such as remote working, for employees suffering from debilitating mental health conditions and anxiety. Ms Dudding is now in line to receive compensation.
