William Eichler 22 May 2026

Tribunal rules home working refusal may be disability discrimination

Tribunal rules home working refusal may be disability discrimination image
Gravesham Borough Council © chrisdorney / Shutterstock.com.

An employment tribunal has found that refusing home working arrangements to an employee with agoraphobia can amount to disability discrimination, in a ruling with potential implications for councils.

The case centred on Marina Dudding, a former Gravesham Borough Council employee who sought to work two days a week from home due to agoraphobia, anxiety and depression.

Dudding sued the local authority after it dismissed her following a period of sickness absence and disciplinary action.

The London South Employment Tribunal upheld her claims of both disability discrimination and unfair dismissal and found that her conditions substantially affected her daily activities and that the council had failed in its obligations.

A council spokesman said: ‘We accept the findings of the tribunal, although we believe there are nuances to this case which are not reflected in those findings. In any organisation of our size there will be isolated cases where working relationships break down or where performance concerns need to be addressed.’

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