1. Burke v Turning Point Scotland ETS/4112457/2021 (27 May 2022) – (LINK)
In this case, the Employment Tribunal ("ET") held that an employee with long COVID symptoms qualified as disabled for the purposes of the Equality Act 2010 ("EqA").
The Claimant was employed by the Respondent as a caretaker and had close to 20 years’ service. In November 2020, he contracted COVID-19, and only experienced mild symptoms. However, he began to develop headaches and chronic fatigue. For example, he had to lie down to recover after walking, showering, or getting dressed, and could not carry out normal household activities, such as cooking or shopping. He also experienced joint pain, loss of appetite, a reduced ability to concentrate and sleeping difficulties. He was off work on sick leave from November 2020. An occupational health report prepared in April 2021 stated that the Claimant was fit to return to work and that the disability provisions of the EqA were unlikely to apply. However, the Claimant did not return to work because he found the effects of long COVID kept returning. These symptoms would improve marginally, and then return to being extremely debilitating. A further occupational health report, prepared in June 2021, noted that the Claimant was experiencing daytime fatigue, but again indicated that it was unlikely he was disabled within the scope of the EqA. GP notes covering the Claimant’s absence did not provide details of his illness.
The Claimant was dismissed on 13 August...
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