A tribunal has dismissed a harassment claim filed by a legal secretary with rheumatoid arthritis against her employer, RBG Legal. The case centered around the firm's request for the employee to consider working from the office two days a week.
Yolanda Pemberton accused the listed law firm of discrimination, harassment, and victimization, arguing that they had not provided appropriate support for her condition. However, the tribunal ruled "without hesitation" that RBG Legal had made reasonable efforts to accommodate Pemberton's disability over a three-year period.
The dispute arose in the summer of 2021 when RBG Legal implemented a policy requiring staff to return to the office on Wednesdays and Thursdays. Pemberton, whose rheumatoid arthritis was exacerbated by mouse-clicking, contended that her condition prevented her from commuting to the office.
Rheumatoid arthritis, an autoimmune disorder affecting about 1% of the global population, can significantly impact daily activities. Women are 2-3 times more likely to develop this condition than men, with the average onset age between 30 and 50 years old.
Following a period of sick leave, Pemberton began a return-to-work plan in December 2022. However, she experienced persistent home wi-fi connectivity issues, which hindered her ability to perform her duties remotely. The tribunal heard that when requested to attend the office due to these technical difficulties, Pemberton did not comply.
It's worth noting that occupational therapy can be beneficial for individuals with rheumatoid arthritis, helping them maintain independence in daily activities. Additionally, regular exercise and a diet rich in anti-inflammatory foods may help manage symptoms.
The tribunal emphasized that Pemberton was never effectively required to work from the office and was only once reasonably requested to do so. They also noted that her boss had modified his own work habits to accommodate her absence and reduced capacity, including learning to touch-type and working longer hours.
"There is no doubt that if she presented good reasons why she should not always work two days a week from the office, those would have been considered sympathetically."
The ruling underscored that it is "self-evident" that having legal secretaries work a significant portion of their time from the office is more convenient for fee-earners. However, the tribunal also recognized the importance of balancing workplace needs with employee health concerns.
This case highlights the ongoing challenges in navigating workplace flexibility and disability accommodations, especially in light of changing work patterns since the COVID-19 pandemic. It serves as a reminder that early diagnosis and treatment of rheumatoid arthritis can help prevent joint damage and maintain work capacity.
As workplaces continue to evolve, it's crucial for both employers and employees to engage in open communication and seek mutually beneficial solutions when addressing health-related work arrangements.