Taylor Walton
An unknown and evolving threat to workforce
Approximately one in every 10 UK citizens who have contracted COVID-19 will go on to face further complications over 12 weeks after the initial infection. Commonly referred to as ‘long-COVID’, little is
Anna Bithrey Solicitor, Employment Law Team Taylor Walton
understood about why the condition only aff ects certain people or the degree to which it impacts them. But what is becoming evident is that long- COVID can seriously diminish the health and wellbeing of those suff ering from it, to the point at which even the most basic of day-to-day activities become a huge challenge. T is will be a matter of great concern to many
employers as the country welcomes more staff back into the workplace following the gradual easing of restrictions, and there will undoubtedly be big questions that need to be addressed about a suff erer’s ability to continuing working.
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With reports showing that more than a million people are now
experiencing long-COVID in some form, further guidance is needed as to where organisations stand from an HR perspective when tackling this unknown and evolving threat to the workforce.
How do we classify a disability? Despite there currently being no commonly accepted definition of long-COVID, the NHS advises that debilitating symptoms may continue to affect sufferers for months after the initial virus has subsided, with common complications including joint pain, extreme fatigue, breathlessness, memory problems, soaring temperatures and depression; although the exact time frames involved are at present indefi nable given the extraordinary nature of the illness. What is clear, however, is that long-COVID can have a considerable
impact on a person’s physical and mental welfare. As a result, management teams will need to prepare themselves for the fact that a growing number of employees are likely to now be legally classed as disabled due to the severity of their illness. Under the Equality Act 2010, any person with a ‘physical or mental
impairment’ resulting in a ‘substantial’ and ‘long-term’ eff ect on their ability to carry out everyday tasks will be considered disabled. T e law states that ‘long term’ will usually refer to a condition that
has lasted, or will last, for at least 12 months and may fl uctuate in seriousness over time. Although this will not apply to all long-COVID suff erers, it’s an appropriate starting point from which each employee should be assessed, with their own unique situation being taken into account. Notwithstanding the potential for employees with long-COVID to be
classed as disabled, ACAS recommends that businesses should focus on making reasonable adjustments to facilitate the employee’s return
ALL THINGS BUSINESS
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