Worker who refused to return to 'toxic' office wins tribunal against employer

The employee was refused a flexible working plan by the Scottish Government
-Credit: (Image: No credit)


A Government employee has triumphed in the initial stage of his employment tribunal after being denied the chance to work from home due to social phobia. John-Paul Pryce, who joined as an administrative case officer for the taxpayer-supported Debt Arrangement Scheme in 2008, used to work on-site but shifted to remote working during the peak of the COVID-19 pandemic.

In 2022, when asked to return to the office, he filed a request for flexible working to carry on with his duties from home. Rather than revealing his embarrassment about his fear of groups of people, which had increased over the pandemic period, he justified his request by highlighting the advantages it would offer his employers, as noted by the Herald.

He explained: "I have no distractions of background noise, do not need to try and feign interest in what other people did with their weekend or watched on TV the previous night etc. There is no work task which I cannot do far better without the distractions of a toxic, open-plan work environment."

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His wife conveyed to the tribunal that, similar to others, Pryce became fixated on hand hygiene and avoiding physical contact during the pandemic and remained apprehensive following a particularly serious case of Covid.

He explained that he had ceased socialising with friends or taking holidays, venturing out only for essential activities such as shopping and visiting his elderly parents. His GP recommended that he should be permitted to work from home where feasible, following a provisional diagnosis of social anxiety and mysophobia (a fear of germs and contamination), which was given by a mental health practitioner via telephone, reports the Scottish Daily Express.

The doctor reported that his patient was extremely anxious due to his employers 'putting pressure on him to work on-site'. He noted that before the pandemic, the patient had managed to work in the office but was resistant to engaging in "any sort of therapy", including medication that might assist him in resuming a more active lifestyle.

Mr Pryce informed the tribunal that his mother suffered from agoraphobia and OCD (Obsessive Compulsive Disorder) and that as a child, he himself was scared of germs, viruses, and illnesses. He mentioned that although he hadn't received a formal diagnosis, he had scored highly on an online Autism Spectrum test.

At a preliminary hearing, it was determined that his symptoms should be recognised as a disability under equality legislation. Judge Hendry found the claimant to be a credible and reliable witness.

The judge acknowledged the claimant's situation, noting: "It is only fair to caution the claimant that his position is a radical one namely that he should not be required in the future to attend work for any purpose."

He also mentioned the claimant's refusal to seek treatment due to past experiences, saying: "He said that he would not take treatment as he was fearful that he would be prescribed the sort of medication his mother was prescribed many years ago which he believed was detrimental to her. I am sure that there have been many advances in such medications which alleviate anxiety and might with other therapies address his phobia."

The judge advised the claimant to explore available support: "I would urge him to contact the counselling service which I understand the respondents operate and discuss what assistance is open to him which might ameliorate the situation he currently finds himself in."

There will be an additional hearing to decide if the Scottish Government failed in their duty by not permitting the claimant to work from home.