The United Nations “International Day of People with Disabilities” is held on December 3rd each year. It encourages everyone (people, organisations, agencies, charities) to identify and address the discrimination, marginalisation, exclusion and inaccessibility that many people living with disabilities face. This year the United Nation’s theme for the day is “Fighting for rights in the post-COVID era”. In this context and as employers grapple with the continuing impacts of the pandemic, including staff who have been diagnosed with “long COVID”, we look at key considerations for employers on this topic.
What is long COVID?
For some people COVID-19 can cause symptoms that last weeks, months or longer, after the infection has gone. This is called “long COVID” and typical symptoms include: fatigue; brain fog; insomnia; depression and anxiety; chest pain; heart palpitations; dizziness; joint pain and shortness of breath, amongst others. Long COVID symptoms are likely to affect someone’s ability to work. So, what do employers need to consider?
Is long COVID a disability?
A key question for employers is whether an employee suffering with long COVID is deemed to have a disability. Under the Equality Act 2010 a disability is defined as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities”. “Long-term” for these purposes means the impairment has lasted 12 months or is likely to last at...
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