Social gatherings | How a decision not to invite an employee to a work Christmas party ends lead to a tribunal

A socially anxious ecologist who brought disability discrimination claims after being excluded from a work Christmas night out has lost her case, with an employment tribunal finding that her employer’s actions were justified.

A hearing in Scotland dismissed all claims brought by Shelby Caughman against Echoes Ecology, concluding that while her exclusion from the festive gathering amounted to unfavourable treatment, it was objectively justified and did not cross the legal threshold into discrimination.

Background to the case

Ms Caughman began working for Echoes Ecology as a consultant ecologist in April 2023. She disclosed ADHD at the outset of her employment and was later diagnosed with autism spectrum disorder. She also relied on conditions including complex post-traumatic stress disorder and agoraphobia in support of her claim, although the respondent only accepted ADHD as meeting the statutory definition of disability.

The tribunal heard that Echoes Ecology was a small consultancy with eight staff, operating from a shared open-plan office. Over time, a series of workplace adjustments were introduced following discussions between Ms Caughman and the company’s directors, including flexible working arrangements, working from home, use of noise-cancelling headphones, regular one-to-one meetings, and a colour-coded system allowing her to signal when she was struggling.