to work, rather than concentrating on whether or not the employee meets the legal defi nition of disabled.
Working practices Absenteeism due to long-COVID should be treated no diff erently than if it was due to any other chronic illness, with employees requiring long term or intermittent time off work. The priority for all employers should be to
engage directly with those impacted so that both parties can agree upon how the business can best support a safe return to work.
T is might include looking at alternate shift patterns, more frequent
or longer breaks, offi ce migration, a phased return or even amendments to job specifi cations. If possible, the advice of occupational health services should be sought, and the situation should be closely monitored, but at no point should any changes be undertaken without the employee’s agreement. If, after these discussions, there remains a legitimate concern as
to whether an employee will regain the ability to return to work in any capacity, commencing a formal capability procedure might be appropriate, however, this should preferably be the last resort once all other avenues have been exhausted. Disability discrimination is a complex matter, made even trickier
to navigate given the emerging situation with long-COVID. T erefore, if you have any doubts about matters relating to your workforce at this time, expert advice should be taken from an experienced Employment Law team, who can evaluate the situation on your behalf. Taylor Walton is a renowned regional
law
fi rm, with more than 150 dedicated professionals, working from offices in Luton, St Albans and Harpenden, providing a full range of legal services for businesses and individuals, and can off er advice on all employment issues, including those posed by COVID-19. Taking an informed approach at an early stage
will not only help to ensure that you do not make potentially costly errors with your HR processes but will also encourage a smoother return to the workplace for employees, and result in better employee relations overall.
Contact Taylor Walton on 01582 731161 or visit
www.taylorwalton.com
ALL THINGS BUSINESS
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