Work-from-Office Request Was Not Harassment

The Employment Tribunal in London has concluded that asking a remote-working legal secretary to attend the office did not constitute harassment.

Case Summary

Employment Judge O Segal KC determined that RBG Legal acted reasonably in querying whether Yolanda Pemberton could support a two-day office attendance week alongside home working. Pemberton, who suffers from rheumatoid arthritis, worked remotely from 2020 until early 2023 due to pain triggered by extensive typing and clicking.

Reasonable Adjustments and Support

The tribunal heard that RBG Legal provided a bespoke chair at Pemberton’s home, alongside a light-touch keyboard, footrest and a large monitor to accommodate her disability. The firm further:

• Filtered workload to align with her capabilities
• Modified working hours to the morning
• Implemented a phased return after her absence in early 2023

Findings on Harassment and Disability Discrimination

The judge emphasized that although it is more convenient for legal secretaries to be present in the office, Pemberton was never strictly required to attend. The tribunal was satisfied that any legitimate reasons for full-time home working would have been considered sympathetically.

Contrary to Ms. Pemberton’s claims, the tribunal found no evidence that an HR partner said her recovery was “taking ‘too long’”. Nor did the firm fail to modify her duties or create an intimidating environment by expressing a desire for some office presence. The request to work from the office was deemed reasonable.

Tribunal Litigation and Conduct

In 2023, following multiple discussions, Pemberton sent 100 written questions to her HR manager in a tone the tribunal described as “confrontational”. The judge observed that the firm and its managers had supported and accommodated her disability over three years, rejecting her claims of failure to adjust duties or permit home working.

Further Reading

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