[co-author: Gin Kynigos]

Summary

Our July update includes new case law on Long covid being held to be a disability, challenging the privileged status of “without prejudice” correspondence, and an unfair dismissal case in which a Tribunal made an overall compensatory award in excess of the statutory cap. We also have news updates on the trial run of a 4-day week, recent Tribunal statistics and new rules on who can issue Fit Notes to employees.

Long Covid found to be a disability

An Employment Tribunal has found that an individual with long Covid was disabled within the meaning of section 6 of the Equality Act 2010.

Section 6 of the Equality Act defines "disability" as follows:

1. A person (P) has a disability if:
   1. P has a physical or mental impairment, and
   2. The impairment has a substantial and long-term adverse effect on P's ability to carry out normal day to day activities.

The term “substantial” means more than minor or trivial and “long term” means has lasted or is likely to last for 12 months or more.

The claimant was employed as a caretaker at Turning Point Scotland for over 20 years until his employment was terminated in August 2021.

The claimant contracted Covid-19 in November 2020 and never returned to work. He first suffered with “very mild” symptoms and described them as “flu like”, but later developed severe headaches and fatigue. The claimant began to have difficulties with certain activities and suffered from joint pain. Throughout his period on sick leave,...

Read Full Story: https://www.jdsupra.com/legalnews/uk-hr-two-minute-monthly-long-covid-3326386/