The ONS report on Long Covid estimates that 1.1 million people had symptoms which lasted more than 4 weeks such as breathlessness, fatigue, insomnia and lack of concentration. This raises issues for employers and whether it qualifies as a disability?
Employers should look at it on a case-by-case basis – the test for disability is a legal test looking at medical evidence – where someone has physical or mental impairment with substantial long term effects which impacts on their ability to carry out daily activities such as shopping, reading, walking, social activities and household tasks.
The long-term question is the other part of a disability test – have the symptoms lasted for 12 months or more? Given that the pandemic is still current, some may not have reached this period yet so a calculation of whether it is likely to recur, which can be a characteristic of long covid, will need to be considered.
Employers are urged to get medical advice because it is a new condition and is complex – seek advice from the employee’s GP or occupational health provider.
Employers should maintain clear communication as they navigate this new, potentially sensitive road ahead.
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