A Scottish ecologist who took her employer to an employment tribunal after being excluded from a Christmas party has seen her disability discrimination claim dismissed.
Shelby Caughman, 35, brought legal action against Echoes Ecology after she was not invited to the firm’s festive gathering, which involved just eight staff members.
Ms Caughman, a consultant ecologist who suffers from agoraphobia alongside several other conditions, argued that being left off the guest list amounted to unlawful discrimination.
However, the company said colleagues chose not to invite her because they believed attendance could exacerbate her distress, given she had recently said she felt too overwhelmed to return to work.
An employment judge ruled that while the exclusion did amount to discrimination arising from her disability, it was objectively justified in the circumstances and therefore lawful.
Ms Caughman joined the small ecological consultancy in April 2023, working alongside seven colleagues.
She had informed her employer she suffered from ADHD, autism, complex post-traumatic stress disorder and agoraphobia – a condition involving anxiety about leaving home or being in crowded settings.
During her employment, she raised several grievances, citing mounting workplace stress and what she believed were insufficient reasonable adjustments.
Shelby Caughman, 35, brought legal action against Echoes Ecology
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After experiencing mental health difficulties in June 2024, she took a week off on Statutory Sick Pay and arrangements were made for a phased return.
However, from early July 2024, she went on extended sick leave and never returned to work, eventually resigning in February 2025.
Throughout her absence, the company remained in contact to assess her readiness to return.
An occupational therapist later produced a report recommending adjustments including flexible hours and remote working.
The report also stated that Ms Caughman wished to be exempt from team meetings and social events.
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Ms Caughman joined the small ecological consultancy in April 2023
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WIKIMEDIA COMMONS
She later disputed that account, telling the company she enjoyed social occasions and wanted the choice to opt out, rather than a blanket exemption.
As her planned return in December approached, Ms Caughman told the firm she was feeling overwhelmed and asked to delay her comeback until the new year.
Echoes Ecology held its Christmas gathering during this period and decided not to invite her, citing the occupational health advice and her own statements about feeling overwhelmed.
After Ms Caughman emailed the company querying her omission, she was told it had been considered insensitive to invite her under the circumstances, though managers apologised if they had misjudged the situation.
Echoes Ecology held its Christmas gathering and decided not to invite her (file photo)
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GETTY
Employment Judge Peter O’Donnell said: “The Tribunal accepts that it was not Ms Caughman’s position that she did not wish to attend the Christmas night, but it also accepts that it was Echoes Ecology’s genuine belief that she did not – even if that belief was mistaken.”
He added there was a factual basis for the company’s understanding, rooted in the occupational health report, and no evidence contradicting it at the time.
Ms Caughman’s additional claims of harassment, victimisation, failure to make reasonable adjustments and constructive dismissal were all rejected by the tribunal.