Member Article

Part of the fall-out of the COVID-19 pandemic is the condition labelled ‘long-covid’.

This is still a relatively new condition that remains under study, but symptoms include extreme tiredness, shortness of breath, loss of smell and muscle aches. Some people experience further complications and suffer memory problems known as ‘brain fog,’ difficulty sleeping, dizziness, depression and anxiety.

With symptoms potentially lasting for several months, if not years, it is unsurprising that an individual’s daily routine could be heavily impacted.

But is long-covid considered a disability?

Under the Equality Act 2010, a person is considered ‘disabled’ for legal purposes if they experience a physical or mental impairment that has a substantial adverse effect on their ability to carry out normal, day-to-day activities. This effect must also be long-term meaning that it must last, or be expected to last, at least 12 months.

Given that the severity of long-covid symptoms can vary widely from person to person, classification as a disability will have to be assessed on a case-by-case basis, not least because symptoms can come and go. Whilst the criteria may be met for some, it may not be met for others, so employers should exercise caution and avoid a blanket approach.

Employers should also be mindful of the potential impact that long-covid could have on other impairments.

It has also become apparent that long-covid affects certain demographics more than others, for example older people, ethnic minorities and women are considered particularly at risk. It is therefore important employers avoid inadvertently discriminating by age, race or sex, in addition to disability, and consider their approach carefully.

What steps can employers take?

Rather than trying to establish if an employee’s condition is a disability, Acas recommends employers focus on the reasonable adjustments they could make in the workplace for those experiencing symptoms of long-covid. Any adjustments would need to be tailored to the individual concerned, but these might involve:

• making changes to the workplace or working pattern;
• finding a different way to perform duties; or
• providing specific equipment, services or support.

Phased returns to work may be appropriate in some circumstances and it is important to make sure the employee feels supported throughout, by discussing when and how to keep in contact during periods of absence. It is also good practice to ensure any internal sickness and absence policies are kept up to date and both managers and employees are aware of their rights and obligations.

 

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