Long Covid is a term that is used when a person who has had Covid-19 experiences ongoing symptoms following infection, that cannot be explained by some other cause. There are a wide range of symptoms, and not everybody who has Long Covid will have these. It is important that employers seek to find out relevant information about each person and their condition. Conversation with and listening to the employee is critical to this but seeking information from a medical practitioner (such as the employee’s GP, or an Occupational Health referral, with appropriate consent) may also be helpful.
As with any situation where an employee is unwell, the question of whether they are fit for work doesn’t have to be a binary “fit” or “not fit”. It may be that the employee is well enough to undertake some work but not their full hours (through a phased return), or another adjustment, such as ensuring they do not have to be too physically active and/or are able to take regular breaks, may enable them to return. Medical insight, as suggested above, can help make recommendations about what may be appropriate in each case.
It is also important to note that mental health may be affected by any long-term condition, and that anxiety and depression can be symptoms of Long Covid. As such it is important that employers consider how they can support mental health as well as physical wellbeing. Activities such as a return-to-work discussion, appointing a buddy, and in some workplaces provisions such as mental health first aiders or an Employee Assistance Programme (EAP) can all play a part.
Under the Equality Act 2010, an individual is classified as having a disability if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on their ability to do normal daily activities. Whilst Long Covid is a relatively new condition and not formally recognised as a disability, if an individual with Long Covid meets the following tests as a result of Long Covid, they may be regarded by an Employment Tribunal as being disabled:
- Does the person have a physical or mental impairment?
- Does that impairment have an adverse effect on their ability to carry out normal day-to-day activities?
- Is that effect substantial?
- Is that effect long-term?
If an employee has a disability, they are entitled to reasonable adjustments to remove or reduce the effects of their disability. Employers who do not fulfil their responsibilities may face disability discrimination claims. As such, it is important that employers consider how best to support employees who are experiencing Long Covid and seek advice if they have queries about how best to do so.
Here at ViewHR we are experienced in working with employers to support employees to return to work when they have been off sick for a range of reasons. If you are an employer and would like to find out more, please contact us for an initial discussion today.
Gemma Murphy, Director of View HR Limited.
hr@viewhr.co.uk | 01425 205390
This article is featured in the December issue of the Dorset Business Focus magazine. Read on the online version here.