An employment tribunal has ordered a former HMRC worker to pay £20,000 after losing a case he brought when he refused to return to the office after the Covid-19 lockdown.
Martin Bentley began working for HMRC as an assistant officer in 2012 and had several ill-health absences during his employment, due to suffering with anxiety, depression and kidney disease for more than two decades. A 2019 occupational health report found he couldn’t “cope with a telephone without it making him ill”, so refused to make any calls.
In March 2020, he was told to work from home due to the Covid-19 lockdown. A 2021 report found he was fit for work and that there was no clinical barrier to working on the telephone, however, it found his personality and emotional response were not best suited to the work.
In early 2022, his employer announced there was an expectation for all staff to return to the office, but Bentley refused and did not return until his 2024 retirement.
HMRC made adjustments for Bentley, despite stating that he had poor performance and believing there to be no medical reason why his contract should be permanently changed from office working to home working.
Bentley submitted a formal concern form alleging disability discrimination and victimisation after being placed on a personal improvement plan. He then attempted to sue for disability discrimination based on his mental wellbeing and stage three kidney disease.
He never worked in the office again or saw his managers physically, and the first time he met his line manager face to face was at the final hearing, according to a tribunal statement.
Employment judge Dawn Shotter said: “In short, the medical advice was that there was no medical reason for him refusing to return to work in the office. It is notable that the claimant exaggerated his evidence, including that given in relation to his health conditions. The claimant has acted vexatiously, abusively, disruptively or otherwise unreasonably in either the bringing of the proceedings, or part of it, or the way that the proceedings, or part of it, have been conducted, and the claim had no reasonable prospect of success.”
A HMRC spokesperson said: “We are an office-based organisation, albeit one that offers flexible-working arrangements for employees where appropriate. We acknowledge the court’s decision in this case.”
