A SOCIALLY-anxious scientist who sued her work after she was not invited to the Christmas party has lost her claim.
Shelby Caughman had been signed off on sick leave when the eight-person festive gathering went ahead without her.
The worker had said she was too “overwhelmed” to return to work at Echoes Ecology in Scotland until January.
Shelby tried to sue for disability harassment but has lost her case following a tribunal.
The panel heard she started working for Echoes Ecology as a consultant ecologist in April 2023, alongside seven other colleagues.
She suffered from ADHD, autism and complex post-traumatic stress disorder and had made the company aware of her conditions.
The ecologist was also diagnosed with agoraphobia – a condition where people are fearful of going outside or being in crowds.
Shelby made several grievance complaints to the company from a “build up of work stress” and a “lack of reasonable adjustments”.
In June 2024, she took a week off as Statutory Sick Pay due to her mental health and later agreed she would have a phased return to work.
The following month, Shelby went on sick leave and did not return to work until she resigned in February 2025.
During this time, Echoes Ecology got in touch with her to see if she was well enough to return to work, the tribunal heard.
An occupational health report claimed Shelby needed adjustments to be made first because of her disabilities – such as flexible working hours and being able to work from home.
The report also stated that she wanted to be exempt from team meetings and social gatherings so that she could miss them.
Shelby later clarified she did not agree with the wording around “exemption” because she enjoyed social gatherings and “just wanted a choice”.
In December, she delayed her planned return to work as she felt “overwhelmed” and suggested moving the date into the new year, it was said.
At the same time, the company held their Christmas party and decided not to invite Shelby to “avoid creating further anxiety for her”.
They said this decision was based on the report provided to them about her agoraphobia and also that she was too “overwhelmed” to return to work.
When Shelby sent an email saying that she had noticed she was not invited, she was told bosses thought it would be “insensitive” and cause her stress.
The company also apologised if they had misinterpreted the situation, the tribunal was told.
A judge ruled leaving Shelby off the list was discrimination, but it was a “justified” reaction to her comments about her mental health at the time.
Shelby also unsuccessfully claimed for harassment, victimisation, reasonable adjustment and constructive dismissal.
Employment Judge Peter O’Donnell said: “[Echoes Ecology] clearly had the legitimate aim of seeking to avoid causing [Shelby] additional distress of inviting her to an event where it appeared that she did not wish to attend and would not be fit to do so.
“The Tribunal accepts that it was not [Shelby’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.
“There was a factual basis for [Echoes Ecology’s] belief in the content of the OH report and there was nothing to contradict this.”
