It feels as though employment legislation has been influenced by COVID for a long time, with furlough, hybrid working, changes to sick pay and mandatory vaccinations to name but a few of the recent employment law developments. But what about long COVID?
Long COVID is in itself a developing concept. Increasingly we are hearing in the media about the ongoing and varied symptoms that people who have had COVID continue to experience, sometimes many months after the initial infection has passed. What does this mean for employment law?
Whilst long COVID is not automatically recognised as a disability under the Equality Act 2010, it is arguable that it could fall within the definition of a disability depending upon how it affects an individual and for how long. For the purposes of employment law and the Equality Act 2010, a disability is defined as a “physical or mental impairment…[that] has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities”. It is generally accepted that long-term means lasting, or likely to last or recur, for 12 months or longer for the purposes of this definition.
Not enough is perhaps known about long COVID to know if it will become a recognised disability. Organisations such as the Trades Union Congress are keen for this to happen to ensure that employees and workers can get support to manage this condition at work.
It is clear from the above definition that it may be possible, depending on your circumstances, for long COVID to amount to a disability under the Equality Act 2010. If you can show that long COVID has a substantial and long-term adverse effect on [your] ability to carry out normal day-to-day activities” then your employer may be under a duty to make reasonable adjustments and/or ensure that you are not treated less favourably at work because of your condition. Whether this obligation arises will depend upon the facts of your own case.
If you have a question about long COVID and disability discrimination, or any other aspect of employment law then our employment team can help. Here at Beecham Peacock we have a trusted relationship with some of the largest trade unions in the country to protect your working rights. For further information call us on 0191 232 3048 or email enquire@beechampeacock.co.uk.
