With thousands of people still unwell months after contracting coronavirus, employers must prepare for the impact that Long Covid could have on their business. Several months on from the onset of the outbreak, so much is still unknown about the long-term impact of coronavirus. A significant number of people who have had Covid-19 are simply not getting better, with around 60,000 people in the UK thought to be experiencing ‘long Covid’.
Long Covid is where people suffer from poor health for a long period of time after getting the virus. It affects people in different ways and symptoms can vary from breathlessness and heart problems to joint and muscle pain, neurological problems such as lack of concentration, fever, fatigue and mental health issues.
So what are the implications that this can have on employers? Is disability discrimination law likely to apply in this context and how should employers approach this issue?
Employers with staff who are suffering from long COVID should be mindful of the possibility that they may have a disability, depending on the severity and duration of the effects. This means that treating a long-COVID sufferer less favourably because they have long COVID or, for example, have high levels of sickness absence or are unable to fully fulfil the requirements of their role could amount to direct disability discrimination or discrimination arising from a disability.
There can be difficulties and frustrations on both sides of employment relationships in situations where individuals can be fit to work one day but debilitated by their condition the next at short notice.
Employers should engage with employees experiencing long-COVID symptoms and consider whether any reasonable adjustments are possible to help with the problems that they are experiencing. These could include:
- allowing phased returns to work (following sickness absence);
- making adjustments to working hours and the type of work done;
- allowing continued homeworking;
- providing access to occupational health and employee assistance programmes;
- proactively managing absence;
- educating line managers about the importance of applying policies and procedures in a non-discriminatory way;
- speaking to insurance providers to find out what approach they are taking towards long COVID.
If you have any questions on any of the above, please get in touch with the office: sally.phillips@wardwilliams.co.uk or call 01932 830664.