In a recent case a disabled worker has alleged that being asked to move desks was disability- related harassment.
Hot desking policies can often be a source of requests for reasonable adjustments, but in a recent case a disabled worker alleged that being asked to move desks amounted to disability related harassment.
In McGrath v Bupa Insurance Services Limited, the claimant was disabled by virtue of ADHD, Autism Spectrum Disorder, dyslexia, and depression. His employer operated a hot desking policy. Desks could be booked using an online system. Generally, people and teams sat in the same place or area, although seats could not normally be block booked for extended periods.
The claimant preferred to sit in a quieter part of the office near an area referred to as the Academy, where new staff underwent training. He almost always worked in the office rather than from home. Initially, after Covid, it was easy to book a specific desk. If someone sat at the claimant’s preferred desk, either he or his manager asked the person to move.
In March 2023, a manager became aware that the volume at which the claimant was speaking was disturbing the trainees. The claimant was asked to sit further away from the Academy, which he did. However, the following week he returned to the original desk. When asked again to move, he did not do so. No further action was taken by the manager.
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