Is there any case law on whether long Covid is a disability?
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Roughly 1.9 million people in the UK (2.9% of the population) stated that they have experienced long COVID, 1.3 million of those affected stated they experienced long COVID for more than a year, and over 700,000 experienced long COVID for more than two years. Fatigue, headaches and dizziness are common symptoms and can impact work performance.
Under section 2 of the Health and Safety at Work Act 1974, employers have a duty to protect the health and safety of their employees. Failure to comply could result in breach of duty of care, civil claims and workforce losses.
The first thing to do is to review your workplace risk assessment. This is to ensure that it accounts for potential hazards that may impact employees with long COVID, as it aims to eliminate risks where possible or implement reasonable practicable measures to support affected employees.
Assess what reasonable adjustments can be made for the employee, such as remote work options or access to quiet workspaces. Minimise the use of stairs as employees who live with long COVID can suffer from shortness of breath. These adjustments need to be tailored to the employee’s specific role and responsibility.
This should be assessed face to face to allow the individual to share their medical concerns and relevant information from their doctor.
Finally, you will need to agree on a return-to-work plan, which should be based on medical advice, and what is realistically achievable. Cooperation is key between you and your employee, to agree a sustainable workload to effectively manage transition back to work.
One long COVID sufferer described living with the condition: “I can’t drive far, I forget to close doors, I burn food, and when I’m reading my brain turns some of the words into others. I lose concentration.” This can hinder people returning to work.
For many, long COVID symptoms such as fatigue, shortness of breath and vertigo make it difficult to focus, perform tasks effectively or manage anxiety at work. A wellbeing assessment ensures employees receive the support they need to work comfortably and productively while managing their condition.
By taking these steps, employers can foster a supportive workplace and help employees with long COVID continue their careers under the right conditions.
Visit BrAInbox today where you can find answers to questions like I have a member of staff who has advised me they have a medical issue, do I need to carry out a risk assessment?
Peninsula Team, Peninsula Team
(Last updated )
Peninsula Team, Peninsula Team
(Last updated )
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