An employment tribunal has ruled that a London law firm acted reasonably in suggesting that a disabled secretary, Yolanda Pemberton, work from the office part-time, despite her concerns about COVID-19 risks and her immuno-suppressed condition.
The tribunal determined that the firm, RBG Legal Services, part of Memery Crystal and Rosenblatt, was justified in proposing that Ms Pemberton work two days a week in the office. Her objections to office work were not directly related to her disability, which is seronegative rheumatoid arthritis.
Over a three-year period, the firm made multiple accommodations for Ms Pemberton, including medical consultations and adjustments to her workspace, such as providing dictation software and ergonomic equipment. She was allowed to work from home when others returned to hybrid working, and ongoing assessments resulted in modifications to support her.
In January 2023, after a phased return from sick leave, the possibility of office work was discussed with Ms Pemberton. Although she cited her immuno-suppressed status and ethnic background as reasons against office work, she conceded that there was no physical obstacle to her presence in the office if appropriate equipment was provided.
Despite her claims of discrimination and failure to accommodate her needs, the tribunal found that RBG Legal had acted in good faith, always seeking and implementing medical advice for her condition.
Daniel Abrahams, a partner at the firm and Ms Pemberton’s supervisor, reportedly adapted his own work habits to support her reduced capacity, highlighting the firm’s commitment to workplace adjustments.
The tribunal concluded that the firm’s request for in-office work was reasonable, given their efforts to accommodate her disability and the logistical benefits of having secretarial support physically present for fee earners in the firm.
The tribunal’s decision underscores the balance between accommodating disabilities and maintaining operational efficiency in the workplace. RBG Legal Services’ approach was deemed fair and considerate, reflecting a broader understanding of hybrid work dynamics.
