Long-Covid advice for workers and employers

ACAS have recently published advice for employers and workers to provide some clarity on the subject and how to respond to the growing impact of long-Covid in the workplace.

Symptoms include, amongst others, fatigue, shortness of breath and problems with memory and concentration ('brain fog'), and may last for weeks to several months.

The guidance suggests that when an employee/worker is diagnosed with long-Covid, they should discuss the possible impact it might have on their job with their employer. Employers should also seek to support sufferers as much as they can, which might include offering flexible working and considering any reasonable adjustments.

Does sick pay apply to those suffering from Long-Covid?

The usual rules for sickness absence and sick pay apply when someone is off work because of long-Covid.

Is Long-Covid considered a 'disability'?

As long-Covid is a relatively new illness, it is difficult to know whether it does fall into the definition of a disability as it is not yet fully understood. Our view is that whether long-Covid will amount to a disability under the Equality Act 2010 is likely to require consideration on a case-by-case basis.

That said the ACAS guidance suggests that the employer would be wise to focus on any reasonable adjustments they can make to support any sufferers, rather than try to work out if their worker's long-Covid is a disability qualifying for protection under the Equality Act 2010.

Avoiding discrimination claims

As well as disability, employers should be wary of other potential discrimination claims that could arise from long-Covid, particularly as certain groups may be more affected than others.

The statistics show that long-Covid typically more severely affects older people, ethnic minorities and women. Therefore employers should also be careful to avoid age, disability, race or sex discrimination when dealing with sufferers of long-Covid.