Long Covid: A Novel Disability?
Long Covid made its way into the headlines in October with reports of the long-term debilitating effects suffered by those experiencing sustained symptoms.
Employment & HR law specialist, Chris Dobbs looks at whether Long Covid should be treated as a disability in the workplace, and advises how employers should handle it.
What is long COVID?
Long Covid is so far poorly understood and there is, as yet, no defined pathology. A recent peer-reviewed investigation exploring the experiences of UK sufferers was led by Oxford University. At this stage it found that experiences differ hugely from person to person and that there is no obvious correlation between existing medical conditions and the chances of developing this long-term condition.
It is possible that those suffering from long-term effects of the coronavirus may be classified as disabled for the purposes of the Equality Act 2010.
What is the definition of a disability in the workplace?
A disability for Equality Act purposes is a much lower burden than for medical purposes or even what the average person might mean when they used the word disabled.
Equality Act 2010 definition of disability
For the Equality Act, the definition is a physical or mental impairment which has a substantial and long-term adverse effect on the individual’s ability to carry out normal day to day activities.
This loose definition allows the tribunal to conduct a fact-based assessment in each individual case which appears before it. Any case in relation to Long Covid is therefore going to take the individual into account.
Long covid in the workplace
As medical practitioners increasingly recognise Long Covid, employees will be increasingly able to satisfy the impairment element of the test.
The impact on them personally is what will then be used to assess the effect on their normal day to day activities. These activities also have a relatively low threshold and relate to the “things some people do on a regular or daily basis” such as walking or travelling by other transport, carrying out household tasks and engaging in social activities.
Depending on the individual’s role, their ability to carry out their job may also be taken into account.
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