A scientist has faced a setback in her legal efforts against her employer after not receiving an invitation to a Christmas gathering while on sick leave, resulting in a ruling from an employment tribunal in Scotland that dismissed her claims for discrimination.
Shelby Caughman launched a lawsuit against her previous employer, Echoes Ecology, after she was not invited to a small festive event with eight other staff members. At the time of the party, Caughman was on sick leave due to mental health challenges and expressed feeling too anxious to return to work until January.
Caughman began her role as a consultant ecologist at Echoes Ecology in April 2023 and had communicated her diagnoses, which included attention deficit hyperactivity disorder (ADHD), autism, complex post-traumatic stress disorder, and agoraphobia. She subsequently raised multiple complaints regarding work- related stress and alleged a lack of reasonable accommodations.
In June 2024, she took statutory sick leave due to mental health issues and later agreed to a gradual return to work. However, in the following month, she took another leave, ultimately resigning in February 2025 without returning.
During her leave, an occupational health assessment suggested several adjustments, including flexible working hours and the option to work from home. The report noted that Caughman wished to opt-out of team meetings and social events. However, she later clarified that she disagreed with the report's phrasing and wanted the flexibility to choose her attendance.
In December, she delayed her return to work, citing feelings of being overwhelmed. Around that same period, Echoes Ecology held its Christmas party and opted not to invite her, prioritizing her wellbeing after considering the occupational health advice and her circumstances.
After realizing she had not been invited, Caughman reached out to the company and was informed that her exclusion was made with her best interests in mind. Echoes Ecology expressed regret if there had been any misunderstanding of her preferences.
The tribunal concluded that while Caughman's exclusion from the party did constitute discrimination, it was deemed objectively justified in the given situation. Her additional claims of harassment, victimization, failure to make reasonable adjustments, and constructive dismissal were also rejected.
Employment Judge Peter O’Donnell acknowledged that the employer aimed to prevent causing further distress to Caughman. He pointed out that although Caughman did not explicitly state a desire to avoid the event, Echoes Ecology genuinely believed this to be her wish based on the occupational health insights.
"The Tribunal accepts that it was not [Caughman’s] position that she did not wish to attend the Christmas night, but it also acknowledges that Echoes Ecology genuinely believed she would not attend, even if this belief was incorrect," the judge stated, confirming that there was factual support for the company's conclusion.
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