Recommendation to classify Long Covid as a disability

Long Covid has emerged as a significant challenge for employers to manage in the workplace. With symptoms varying greatly, it is not a typical illness that HR professionals are used to dealing with. This has left many employers struggling to obtain clear medical advice and determine the appropriate course of action. A report written by the TUC and Long Covid Support, a charity, has recommended that the government designates Long Covid as a disability under the Equality Act 2010, adding another layer of complexity to an already challenging situation.

Employers must be cautious when it comes to Long Covid and think about appropriate adjustments for affected employees. Failure to make reasonable adjustments may put employers at risk of claims for direct and indirect discrimination. As Long Covid is a relatively new illness, there is still much to be learned, and employers need to stay up to date with the latest developments.

It is essential to educate managers to treat employees with Long Covid sensitively and supportively. Maintaining an open line of communication and encouraging employees to speak to their manager if they are struggling can also help. Seeking medical advice from occupational health professionals may provide helpful guidance on what adjustments may be appropriate.

Employers must also be flexible in the ways in which adjustments may be provided. It is important to be wary of "Covid fatigue" and to continue providing long-lasting support to employees suffering from Long Covid. Dismissing an employee with Long Covid should be approached with caution, and employers must seek advice before taking any action.
Long Covid has already been shown to meet the definition of a disability under the Equality Act 2010 in the case of Burke v Turning Point Scotland ETS/4112457/2021.  The Claimant, Mr Burke, was found to be suffering from a physical impairment, post-viral fatigue syndrome caused by Covid-19) which had an adverse effect on his ability to carry out normal day-to-day activities. 

In summary, Long Covid has the potential to become a minefield for employers. To manage employees with Long Covid, employers must educate managers, communicate openly, seek medical advice, be flexible with adjustments, and provide long-lasting support. Employers must take caution when it comes to dismissal conversations and seek advice at an early stage to avoid any legal issues. Staying up to date with the latest developments on Long Covid is essential to ensure that employers can navigate this challenging situation successfully. At Winston Solicitors, we are here to provide expert advice and guidance to help employers manage Long Covid in the workplace.