An employment tribunal has ruled that a Scottish government employee, whose flexible working request was denied, is classed as disabled under the Equality Act due to anxiety and fear of crowded spaces.<\/p>\n
John-Paul Pryce was employed as an administrative case officer for the government-funded Debt Arrangement Scheme (DAS) in 2008.<\/p>\n
He worked remotely during the height of the Covid-19 pandemic but was asked to return to the office in 2022. Following this, he submitted a flexible working request to continue working from home. This was turned down.<\/p>\n
Simon Jones, director of consultancy Ariadne Associates, told\u00a0HR\u00a0<\/em>magazine that the case draws lines between flexible working requests and reasonable adjustments.<\/p>\n He said: “This case shows the importance of separating out a request for a flexible working which might be considered a\u00a0reasonable adjustment<\/a>\u00a0for a disability from other flexible working requests.<\/p>\n \u201cWhile there are valid grounds for refusing requests, where disability is involved it is vital that consideration is given to whether this would be reasonable for a disabled employee, even if an employer might refuse it in other circumstances.\u201d<\/p>\n Following his request for flexible arrangements, Pryce wrote to his employer, saying: \u201cFor many reasons I find myself happier overall as working from home makes me more comfortable, productive and safe. 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.<\/p>\n \u201cThere is no work task which I cannot do far better without the distractions of a\u00a0toxic<\/a>, open-plan work environment.<\/p>\n \u201cIt is unfair to assume that everyone wants or needs other people around them.\u201d<\/p>\n He mentioned that although not officially diagnosed, he thought he might have autism after taking an online Autism Spectrum Quotient test.<\/p>\n He also stated that he feared being exposed to other people and their germs and viruses, for the sake of his own health and that of his elderly parents.<\/p>\n An occupational health report in May 2022 indicated that Pryce was not likely to be classed as disabled in terms of the 2010 Act. He had been assessed by a nurse occupational adviser but said he felt was that she only focused on his physical rather than mental health.<\/p>\n