A House of Commons Commission Data Manager was found to have been discriminated against and will be awarded compensation by an employment tribunal, after being disciplined for asking colleagues not to use her workstation as a hot desk while she was absent.

Ms Baker had worked for the House of Commons Commission - which manages the parliamentary estate - since 1991. In 2005  she began experiencing musculoskeletal symptoms and was provided with a modified workstation including an orthopaedic chair, a specialist keyboard and mouse and a reading/writing slope to help her manage neck and back problems.

In June 2018, Ms Baker fell and injured her knee and was signed off on sick leave until 20th  August 2018. However, when she returned to the office, she noticed that all her equipment had been “drastically” altered.

In response, she emailed bosses and was informed that as there were not enough desks to accommodate all employees, “The desk you sit at will have been used by people hot-desking.” On raising the matter with her manager she was told that reserving her desk for an extended period while she was away was not practicable.

Ms Baker said she disputed the need for a hot-desking policy as there were other rooms available for staff to work in and she told the tribunal she found it difficult to adjust her equipment to again make them suitable for her needs.

An occupational health report in September 2018 expressed that Ms Baker’s desk should not be used as a hot desk, stating that she “needs to have her own dedicated workstation” and adding “Adjusting the chair is quite challenging currently given the shoulder injury and restricted movement.”

Later that month, Ms Baker took a day off from the office for a medical appointment, leaving a “polite” note to colleagues asking them not to use her equipment in her absence. Nonetheless, she returned to find her orthopaedic chair had been altered once again. 

At this point, her bosses invited her to a disciplinary hearing to discuss what they saw as an “unreasonable” request, by her leaving the note.

The tribunal was informed that although this allegation was not pursued, Ms Baker had been distressed by it and went on sick leave in October, citing workplace stress. She brought her tribunal claims in January 2019.

At the tribunal, Employment Judge Jillian Brown ruled that Ms Baker had been treated unfavourably by bosses taking disciplinary action against her for leaving the note.

She stated:

“The tribunal decided that the respondent had a practice of allowing hot desking on all desks. It accepted that the claimant would have been put at a substantial disadvantage by this practice, in that her workstation and equipment had been adapted for her needs, to prevent injury and discomfort, and other employees altered her equipment so that it was no longer safe for her to use. This exposed her to risk of injury. This was a more than minor disadvantage.”

Ms Baker also made other allegations of sex and disability discrimination and victimisation, which were dismissed.

A further hearing to decide upon compensation will be held in due course.