Scientist Loses Discrimination Claim After Being Excluded from Christmas Party
A scientist who initiated legal proceedings against her former employer for not being invited to a Christmas party while she was on sick leave has had her discrimination claim dismissed by an employment tribunal. The case, which unfolded in Scotland, centered on Shelby Caughman, a consultant ecologist who felt excluded from a small festive gathering organized by her workplace.
Background of the Employment Dispute
Shelby Caughman commenced her role at Echoes Ecology in April 2023 and had disclosed several mental health conditions to her employer, including attention deficit hyperactivity disorder (ADHD), autism, complex post-traumatic stress disorder, and agoraphobia. Throughout her employment, she raised multiple grievances concerning work-related stress and what she perceived as a lack of reasonable accommodations to support her needs.
In June 2024, Caughman took time off work on statutory sick pay due to mental health issues. She later agreed to a phased return to work but went on further sick leave the following month and ultimately resigned in February 2025 without returning to her duties.
Occupational Health Recommendations and Company Decisions
During her absence, an occupational health report was prepared, which recommended specific adjustments such as flexible working hours and the option to work from home. The report also indicated that Caughman wished to be exempt from team meetings and social gatherings. However, Caughman later clarified that she did not fully agree with this wording and only desired the choice to decide whether to attend such events.
In December, Caughman postponed her planned return to work, expressing feelings of being overwhelmed. Around the same period, Echoes Ecology held its Christmas party, a small event involving eight staff members. The company decided not to invite Caughman, citing a desire to avoid causing her additional anxiety based on the occupational health advice and her stated condition at that time.
Tribunal Proceedings and Ruling
When Caughman contacted the company to inquire about her exclusion from the party, she was informed that the decision was made out of concern for her wellbeing. The company also apologized if there had been any misunderstanding regarding her wishes.
The employment tribunal, presided over by Employment Judge Peter O’Donnell, acknowledged that excluding Caughman from the Christmas party constituted discrimination. However, the tribunal ruled that this discrimination was objectively justified under the circumstances. The judge emphasized that the employer had a legitimate aim of preventing further distress to Caughman, based on a genuine belief formed from the occupational health report.
"The Tribunal accepts that it was not [Caughman’s] position that she did not wish to attend the Christmas night but the Tribunal also accepts that it was Echoes Ecology’s genuine belief that she did not, even if this was mistaken," Judge O’Donnell stated, noting that there was a factual basis for this belief.
Dismissal of Additional Claims
In addition to the discrimination claim, the tribunal dismissed several other allegations brought by Caughman, including:
- Harassment
- Victimisation
- Failure to make reasonable adjustments
- Constructive dismissal
This ruling highlights the complexities involved in balancing workplace inclusivity with genuine concerns for employee wellbeing, particularly in cases involving mental health conditions and social anxiety.
