Wednesday, January 28, 2026 - A scientist who sued her employer after not being invited to a Christmas party while on sick leave has lost her claim at an employment tribunal.
Shelby Caughman brought legal action against her former
employer, Echoes Ecology, in Scotland, after she was excluded from a small
festive gathering involving eight staff members. At the time, Caughman had been
signed off work due to mental health issues and had said she felt too
overwhelmed to return to work until January.
Caughman, who began working as a consultant ecologist at the
firm in April 2023, had informed the company that she had been diagnosed with
attention deficit hyperactivity disorder (ADHD), autism, complex post-traumatic
stress disorder and agoraphobia. She later raised several grievances relating
to work-related stress and what she described as a lack of reasonable
adjustments.
The tribunal heard that in June 2024 she took time off on
statutory sick pay for mental health reasons and later agreed to a phased
return to work. She went on further sick leave the following month and did not
return before resigning in February 2025.
During her absence, an occupational health report recommended adjustments including flexible working hours and home working. The report also stated that Caughman wished to be exempt from team meetings and social gatherings, though she later said she did not agree with the wording and only wanted the option to choose whether to attend.
In December, she postponed her planned return to work after
saying she felt overwhelmed. Around the same time, Echoes Ecology held its
Christmas party and decided not to invite her, saying it wanted to avoid
causing her further anxiety based on the occupational health advice and her
stated condition at the time.
After Caughman contacted the company to say she had noticed
she was not invited, she was told the decision had been made out of concern for
her wellbeing. The company also apologized if it had misunderstood her wishes.
The employment tribunal ruled that excluding Caughman from
the event amounted to discrimination, but found that it was objectively
justified in the circumstances. The tribunal dismissed her additional claims of
harassment, victimization, failure to make reasonable adjustments and
constructive dismissal.
Employment Judge Peter O’Donnell said the employer had a
legitimate aim of avoiding causing Caughman additional distress. He noted that
while it was not her position that she did not want to attend the event, the
company genuinely believed this to be the case based on 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,” the judge said, adding that there was a factual basis for
that belief.
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