top of page
Search
Laura Bowyer

Long COVID - Is it a Disability?

Whilst there is no legislation, Employment Tribunal ruling or legal requirement and the majority of people infected with Covid recover within a short timeframe, it is estimated more than 1 million people in the UK are suffering with prolonged side effects. Therefore increasingly employers will want to know how to manage this within the workplace.


Advice for Employers If an employee is able to claim 'long Covid' amounts to a disability under Section 6 of the Equality Act, employers who do not handle these cases correctly leave themselves open to potential claims of discrimination and potentially, unfair dismissal, regardless of the length of service.


There are a number of steps that employers can take to protect themselves:

  1. Monitor absences by using a good piece of software. If you dont have one, get in touch, we can provide one.

  2. Have robust Health & Safety practices to prevent transmission of the virus.

  3. Carry out 'Return to Work' interviews.

  4. Obtain a clear overview of their condition and how it affects them.

  5. Make reasonable adjustments to facilitate an employee's continued employment, such as a phased return to work, carrying out their duties and discussing the impact of long Covid in the work environment.

With the constant developments surrounding Covid-19, it would be logical for employers to treat those with 'long Covid' as potentially disabled and take appropriate advice on supporting that employee. With pragmatic and flexible approach it encourages an easier return to the workplace.


Information & Guidance


The National Institute for Health and Care Excellence (NICE) definition of Long Covid and Post-Covid 19 Syndrome is 'signs and symptoms that develop during or after an infection consistent with Covid-19, which continue for more than 12 weeks and are not explained by an alternative diagnosis. It usually presents with clusters of symptoms, often overlapping, which can fluctuate and change over time and can affect any system in the body'. Symptoms can be, but not limited to cough, breathlessness, fever, palpitations, fatigue, cognitive impairment and joint pain. https://www.nice.org.uk/guidance/ng188/resources/covid19-rapid-guideline-managing-the-longterm-effects-of-covid19-pdf-51035515742 Section 6 of the Equality Act 2010 outlines a 'disability' if there is (i) a physical or mental impairment and (ii) which has a 'substantial' and 'long-term' adverse effect on the ability to carry out normal day-to-day activities. Whilst this hasn’t been tried and tested on issues relating to Covid, an employee suffering 'long Covid' symptoms may demonstrate a physical or mental impairment which impacts their ability to carry out 'normal day-to-day activities'. For example, an employee suffering with fatigue and breathlessness may struggle to complete day-to-day activities such as the ability to concentrate, learn or understand or walking as easily as they could before. As it has been over a year since the pandemic began, an employee could potentially provide evidence that 'long Covid' has effected them for this period of time. However, medical experts are unclear on the length of symptoms. The Trades Union Congress (TUC) has called for urgent recognition of 'long Covid' as a disability with Covid-19 as an occupational disease. The TUC's justification for these reforms is that those who have 'long Covid' should be protected by the law rather than forced to go through Tribunals. The Office for National Statistics (ONS) June 2021 figures reveal that nearly 400,000 people in the UK have reported symptoms of 'long Covid' for more than a year from initial infection. https://www.tuc.org.uk/news/tuc-calls-long-covid-be-urgently-recognised-disability-prevent-massive-discrimination Acas has also highlighted the relationship with Long Covid and Disability: https://www.acas.org.uk/long-covid/whether-long-covid-is-treated-as-a-disability

1 view0 comments

Comments


bottom of page