Long COVID in the Workplace: Your Legal Rights & Employer Duties
As many as 2 million people in the UK are currently experiencing self-reported Long Covid symptoms, a staggering figure that highlights the significant impact of this condition on our workplaces1. With around 3.4% of the UK population affected by Long Covid, it’s crucial that employers and employees alike understand the legal rights and responsibilities surrounding this emerging challenge2.
In this comprehensive guide, we’ll explore the nuances of Long Covid, delve into the legal protections available, and examine the duties employers have in supporting their workforce through this complex condition. By understanding the landscape, we can work together to ensure a fair, inclusive, and accommodating environment for those navigating the long-term effects of COVID-193.
Key Takeaways
- Long Covid affects an estimated 3.4% of the UK population, with over 2 million people experiencing symptoms.
- Employees with Long Covid may be considered disabled under the Equality Act 2010 and entitled to reasonable adjustments.
- Employers have a duty to support employees with Long Covid, including through flexible working arrangements and occupational health assessments.
- Dismissal or adverse treatment of employees due to Long Covid may constitute unlawful discrimination.
- Proactive communication, understanding, and a collaborative approach are essential in managing Long Covid in the workplace.
Understanding Long COVID
Long COVID, also known as ‘post-COVID syndrome’, refers to a condition where individuals experience persistent symptoms of COVID-19 that can last for weeks, months, or even years after the initial infection4. These symptoms can fluctuate in intensity and vary greatly between affected individuals4.
What is Long COVID?
Long COVID is a complex and often debilitating condition that can have a significant impact on an individual’s ability to work and their overall quality of life. According to recent statistics, as of October 2021, an estimated 1.2 million people in the UK were experiencing self-reported Long COVID, representing 1.9% of the population5. The number of individuals with Long COVID has been steadily increasing, with over 122,000 healthcare workers and 31,000 social care workers reporting symptoms as of May 20215.
Common Symptoms and Effects
The most commonly reported symptoms of Long COVID include fatigue, breathing difficulties, brain fog, nausea, and insomnia6. These symptoms can be unpredictable, fluctuating in severity and duration, and can be triggered by physical and mental activity, stress, heat, and even alcohol consumption6. The effects of Long COVID can hinder an individual’s ability to perform work-related tasks and impact their overall productivity and performance6.
Employers should recognize that the effects of Long COVID can be intermittent, with symptoms improving and worsening unpredictably4. Providing support for employees returning to work after sickness absence related to Long COVID, such as occupational health assessments, workplace adjustments, and phased returns to work, can be crucial in facilitating a successful and sustainable return to work4.
Employers are encouraged to consider reallocating work tasks to support employees with Long COVID who may require accommodations, such as part-time hours or flexible working arrangements4. Additionally, employers should provide access to necessary resources and guidance, such as government-provided information on supporting employees with disabilities or health conditions4.
“An estimated 2 million people in England and Scotland are experiencing long COVID, with many enduring symptoms for two years or longer.”6
The effects of Long COVID can be far-reaching, impacting an individual’s ability to work and their overall quality of life. Employers play a crucial role in supporting employees with Long COVID, ensuring they receive the necessary accommodations and adjustments to facilitate a successful return to work and maintain their well-being6.
Legal Rights for Employees with Long COVID
Employees battling long COVID may find solace in the legal protections afforded to them under the Equality Act 2010. This crucial legislation safeguards the rights of individuals whose long-term health conditions, such as long COVID, substantially impact their day-to-day activities7.
Protections Under the Equality Act 2010
The Equality Act 2010 recognises long COVID as a disability if the condition has a ‘substantial’ and ‘long-term’ adverse effect on the individual’s ability to carry out normal day-to-day activities7. This designation entitles employees with long COVID to reasonable adjustments in the workplace, ensuring they are not discriminated against due to their condition7.
However, the road to compensation can be challenging, as employees must demonstrate that they contracted COVID-19 in the workplace7. Employers may request detailed medical reports to fully understand the employee’s condition, prognosis, and required accommodations7.
Despite the obstacles, the Equality Act 2010 provides a legal framework for employees with long COVID to assert their rights and secure the necessary support from their employers. Seeking legal advice can be instrumental in navigating these complex issues and ensuring fair treatment in the workplace7.
“The disability test, meaning a long-term impairment with substantial adverse effects on daily activities, could be a basis for employees suffering from long COVID to claim compensation under equality legislation.”7
By understanding their rights and working collaboratively with their employers, individuals with long COVID can strive to maintain their livelihood and thrive in the workplace. Support and guidance are available to help navigate the legal landscape and ensure a fair and inclusive work environment for all879.
Employer Responsibilities and Duties
As the long COVID pandemic continues to impact workplaces across the United Kingdom, employers have a vital responsibility to support their employees affected by this debilitating condition. Employers must recognise the significant challenges faced by individuals with long COVID and make every effort to ensure they can remain in or return to work safely and productively.
Reasonable Adjustments and Accommodations
Under the Equality Act 2010, employers have a legal duty to provide “reasonable adjustments” for employees with disabilities, including those experiencing the effects of long COVID10. This may involve adjusting working hours, providing specialist equipment, or reallocating certain tasks to others11. The key is for employers to engage in open and collaborative discussions with their employees to understand their specific needs and find the most suitable solutions to enable them to remain in or return to the workplace.
A recent campaign focused on ill health and disability at work is providing valuable guidance to employers on supporting staff with conditions like chronic fatigue syndrome/myalgic encephalomyelitis (CFS/ME) and long COVID11. This includes advice on creating a better understanding of these conditions and eliminating disability discrimination in the workplace.
Reasonable Adjustment | Potential Benefits |
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Flexible working hours | Allows employees to manage fatigue and other symptoms |
Remote or hybrid working | Reduces exposure to workplace triggers and enables rest breaks |
Ergonomic workstation | Minimises physical strain and discomfort |
Frequent breaks | Provides opportunities for rest and recovery |
Adjustments to lighting or temperature | Creates a more comfortable working environment |
Employers must be proactive in identifying and implementing reasonable adjustments to support their employees with long COVID11. Failure to do so could result in formal grievances and Employment Tribunal claims for disability discrimination11. By working closely with their employees and making the necessary accommodations, employers can help ensure a successful return to work and ongoing productivity.
“Employers should work closely with disabled employees to avoid formal grievances and Employment Tribunal claims for disability discrimination.”11
The evolving nature of long COVID and the varied symptoms experienced by individuals means that employers must remain flexible and adaptable in their approach to supporting their workforce12. By prioritising the well-being of their employees and making the necessary accommodations, employers can not only fulfil their legal obligations but also demonstrate compassion and retain valuable talent within their organisations101112.
Managing Sickness Absence and Return to Work
As employers grapple with the complexities of long COVID, understanding the legal rights and responsibilities surrounding sickness absence and return to work processes is crucial. The usual rules around sickness absence and sick pay will apply to employees off work due to long COVID13. Employers should maintain regular contact during any absence and work with the employee to plan a supported return to work. This may involve a phased return, altered duties or hours, or ongoing reasonable adjustments to accommodate the employee’s needs13.
The challenge lies in managing the unpredictable nature of long COVID symptoms. Research indicates that individuals may experience a “boom and bust” pattern, where they start feeling better only to encounter a resurgence of fatigue, requiring additional time off for recovery14. Employers must approach long COVID-related sickness absence with understanding and empathy, recognizing the significant impact it can have on an employee’s well-being and productivity15.
Employers should also be aware that employees with weakened immune systems may still be at high risk of serious illness from COVID-19, even after returning to work13. Updating health and safety policies to cover these high-risk individuals is crucial to ensure a safe and supportive work environment13.
As the legal landscape surrounding long COVID continues to evolve, employers must stay informed and responsive to their employees’ needs15. By fostering open communication, offering reasonable adjustments, and providing ongoing support, organisations can effectively manage long COVID-related sickness absence and facilitate a successful return to work process15.
Key Considerations for Managing Long COVID Absence and Return to Work |
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“Employers must approach long COVID-related sickness absence with understanding and empathy, recognizing the significant impact it can have on an employee’s well-being and productivity.”
By implementing effective sickness absence and return to work strategies, employers can support their employees with long COVID, while also mitigating the potential impact on their business15. Regular communication, reasonable adjustments, and a compassionate approach are key to navigating this complex challenge151413.
Long COVID & the Workplace
Implications for Productivity and Performance
The unpredictable and fluctuating nature of long COVID symptoms can significantly impact an employee’s productivity and workplace performance16. According to estimates, 376,000 people in the UK have been suffering from Long Covid for more than a year16, and reports indicate a rise in post-traumatic stress disorder (PTSD) among those affected16. Employers must be understanding of these challenges and avoid unrealistic expectations or penalising the employee16.
Recent studies have shed light on the scale of long COVID’s impact17. As of October 2021, around 1.1 million people living in private households (1.7% of the population) were experiencing self-reported long COVID symptoms17. Furthermore, research suggests that one-third of COVID-19 sufferers have experienced symptoms more than 12 weeks after their initial illness17.
Careful management, open communication and appropriate adjustments are key to supporting the employee and minimising disruption to the business17. Recommended flexible return-to-work strategies for long COVID-affected employees include individualised plans, adjustments to workload and roles, ensuring stability of symptoms before resuming work, and utilising support programs like Access to Work to aid in the transition back to work17.
The pandemic has encouraged businesses to adopt agile practices for supporting teams affected by long COVID16. However, not every business possesses an occupational health department, indicating the potential necessity for outsourced services to address long COVID-related needs16. Businesses may also face the financial burden, with estimates suggesting that long COVID care for employees costs approximately £15.50 per month16.
“Careful management, open communication and appropriate adjustments are key to supporting the employee and minimising disruption to the business.”
Addressing the implications of long COVID in the workplace requires a comprehensive and compassionate approach. By prioritising employee well-being, adapting work arrangements, and seeking external support, organisations can navigate the challenges posed by this complex condition and maintain productivity while demonstrating their commitment to their workforce161718.
Disability Discrimination and Long COVID
As we navigate the complexities of long COVID, it’s crucial that employers remain vigilant in recognizing and preventing disability discrimination in the workplace. Long COVID, which may be considered a disability under the Equality Act 2010, can have a significant impact on an individual’s ability to perform their job duties19.
Employers must be cautious not to make assumptions or treat employees with long COVID less favourably. Similarly, they should avoid imposing blanket policies that may inadvertently disadvantage those affected by this condition19. Managers and HR professionals should be trained to identify and address potential instances of discrimination, ensuring that affected employees are provided with the necessary support and accommodations.
Recognizing and Preventing Discrimination
Recent legal cases have demonstrated that long COVID can indeed qualify as a disability, even in the absence of definitive medical evidence. In the Burke v Turning Point Scotland case, the tribunal recognized long COVID as a disability, based on the likelihood that the condition would persist for 12 months or longer19. This underscores the importance of employers being proactive in their approach to managing employees with long COVID.
Employers have a positive obligation to make reasonable adjustments for employees with disabilities, which may include treating disability-related absences separately, offering flexible working arrangements, seeking support from Occupational Health, promoting awareness of long COVID symptoms, and accommodating affected employees accordingly19. By taking these steps, employers can help prevent discrimination and ensure that individuals with long COVID are able to continue contributing to the workforce.
The Equality and Human Rights Commission’s acknowledgment that long COVID might amount to a disability opens the possibility of more disability discrimination claims concerning long COVID arising in the workplace19. Employers must remain vigilant and responsive to the needs of their employees, fostering an inclusive and supportive environment that recognizes the unique challenges posed by this condition.
Case | Key Points |
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Bradley v Cultureshift Communications Limited | The claimant demonstrated symptoms of anxiety, depression, severe fatigue, and ‘brain fog’ related to Long COVID, leading the Tribunal to conclude that the symptoms met the definition of disability20. |
Matthews v Razors Edge Group | The claimant’s symptoms post-COVID-19 test included chest pains, shortness of breath, tingling hands, and headaches, which impacted their ability to work. The Tribunal found these conditions amounted to a substantial physical impairment, considering them long-term in nature20. |
These cases highlight the importance for employers to carefully consider the legal implications of long COVID symptoms on employee disability, making reasonable adjustments and being mindful of potential discrimination claims20.
By recognizing the potential for long COVID to be considered a disability and taking proactive steps to prevent discrimination, employers can foster a more inclusive and supportive work environment for those affected by this condition19. This not only benefits the employees but can also contribute to the overall well-being and productivity of the organization.
Supporting Employees with Long COVID
Open Communication and Understanding
Effectively supporting employees with long COVID requires fostering open communication and cultivating an understanding work environment21. We must recognise that millions of individuals have experienced ongoing symptoms from long COVID21, and this condition is keeping nearly one million people out of work, exacerbating the national labour shortage21. To navigate this challenge, employers should engage in regular dialogues with affected employees to comprehend their unique needs, provide reassurance, and collaboratively identify appropriate adjustments.
Sharing information about long COVID among managers and colleagues can help create a more sympathetic and accommodating workplace culture22. Over two-thirds of individuals with long COVID have reported experiencing unfair treatment at work22, highlighting the importance of cultivating an empathetic environment. By promoting awareness and understanding, we can empower our teams to support their colleagues navigating the complexities of this condition.
Key Considerations for Supporting Employees with Long COVID |
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By prioritising communication, understanding, and adaptability, we can cultivate a workplace culture that empowers and supports employees affected by the long-term impacts of COVID-1923. Accommodating the needs of those with long COVID not only benefits the individual, but also strengthens our overall workforce resilience21.
“Providing accommodations for employees with Long COVID promotes disability-inclusive recovery.”21
Occupational Health Assessments and Adjustments
Employers may wish to refer employees with long COVID for an occupational health assessment to better understand their condition and identify any necessary workplace adjustments. This can help inform the employer’s decision-making and ensure the right support is provided to enable the employee to remain in or return to work24.
According to the Office for National Statistics (ONS), as of March 5, 2023, an estimated 1.9 million people in the UK (2.9% of the population) were experiencing self-reported long COVID25. The World Health Organization also estimates that 1 in 10 COVID-19 patients will still have symptoms of the coronavirus 12 weeks after being infected26.
Occupational health assessments can provide valuable insights into the specific needs and challenges faced by employees with long COVID. These assessments can help identify appropriate workplace adjustments, such as:
- Reduced work hours or a phased return to work
- Adjustments to job roles or responsibilities
- Provision of assistive equipment or technology
- Flexible working arrangements, including remote or hybrid work options
By implementing these tailored adjustments, employers can support their employees with long COVID and enable them to remain productive and engaged in the workplace24.
However, the challenges faced by employers in managing employees with long COVID are significant. A meta-analysis by Lopez-Leon et al in 2021 showed that 80% of COVID-19 patients reported one long-term symptom or more24. Additionally, a survey found that 60% of respondents who had symptoms lasting over four weeks and were employed before COVID-19 were unable to work, with 38% not yet at work, and 26% working part-time24.
Employers have also faced skills shortages due to parents stopping work to care for children with long COVID, and the Bank of England has warned about the impact of long COVID on the workforce and the economy24. Occupational health assessments and tailored workplace adjustments can help mitigate these challenges and support employees with long COVID in remaining engaged and productive24.
By proactively addressing the needs of employees with long COVID, employers can not only fulfil their legal obligations but also foster a more inclusive and supportive work environment that benefits both the individual and the organisation as a whole242526.,,
Long-Term Planning and Policies
As the impact of long COVID persists, employers must consider developing comprehensive long-term policies and plans to effectively support their employees. This proactive approach not only demonstrates empathy and understanding but also helps retain valuable talent in the face of this emerging workplace challenge27.
Flexible Working Arrangements
A key aspect of these long-term strategies should be the implementation of flexible working arrangements. By offering options such as adjusted hours, remote work, or hybrid models, employers can accommodate the fluctuating symptoms and needs of employees affected by long COVID. This agile and empathetic approach enables individuals to manage their condition while remaining productive and engaged27.
According to a recent survey, 45.2% of long COVID patients had to reduce their work schedules, with 22.3% not working for various reasons27. Accommodating these needs through flexible arrangements can be crucial in retaining experienced staff and mitigating the impact of long COVID on the workforce and the economy27.
Furthermore, the Bank of England has warned about the potential long-term consequences of long COVID on the labour market, highlighting the importance of proactive planning and policies27. By prioritizing the wellbeing and work-life balance of employees affected by long COVID, employers can contribute to a more resilient and adaptable workforce27.
Key Findings on Long COVID and the Workplace |
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– Estimated two million people in the UK, representing 3.1% of the population, experience Long COVID, with nearly 800,000 experiencing symptoms for over a year27. |
– Only 8% of individuals infected with COVID-19 in early 2020 were back to working at their pre-COVID levels27. |
– 80% of COVID-19 patients reported one or more long-term symptoms27. |
– Prior to the pandemic, around 50% of workers in the UK were leaving the workforce between 50-64 years old27. |
– 60% of respondents who had symptoms lasting more than four weeks were unable to work, according to a survey by The Belgian Health Care Knowledge Centre27. |
By embracing flexible working arrangements and implementing other long-term policies, employers can demonstrate their commitment to supporting employees affected by long COVID. This approach not only fosters a positive and inclusive work culture but also contributes to the overall resilience and productivity of the organisation2728.
Employee Well-being and Mental Health
The physical and cognitive effects of long COVID, combined with the uncertainty and isolation, can take a significant toll on an employee’s mental health and overall well-being29. In fact, 56% of employees report major stressors and distress affecting their mental well-being during the COVID-19 pandemic29. Employers have a crucial role to play in supporting their staff during this challenging time.
Worryingly, 34% of employees have beliefs about mental illness that may influence their willingness to seek help29. To overcome this stigma, employers should be proactive in providing access to counselling, support groups, and other resources to help employees cope with the mental health challenges of living and working with long COVID29.
Open communication and fostering a culture of understanding are key30. However, according to the data, just under half (48%) of organisations believe they have been effective at identifying and managing the mental health risks arising from COVID-1930. Employers must do more to prioritize the well-being of their workforce and ensure they feel supported during this difficult period.
The impact of the pandemic on mental health is widespread, with 70% of individuals across 59 countries reporting significant changes in their lives due to COVID-1929. In the workplace, 63% of office workstation users report impacts on their physical and mental well-being while working from home during the pandemic29. Employers must be attuned to these challenges and implement effective strategies to support their employees.
Encouragingly, 91% of employees indicate the importance of manager support for their mental health and well-being29. By fostering an environment of empathy and understanding, and providing access to mental health resources, employers can help their staff navigate the complexities of long COVID and maintain their overall well-being29.
It’s clear that the mental health implications of long COVID must be at the forefront of employers’ minds. By prioritizing employee well-being and mental health, organisations can not only support their staff but also enhance productivity, morale, and overall business resilience2930.
“Employers have a responsibility to support the mental health and well-being of their employees, especially those impacted by the long-term effects of COVID-19. Providing access to resources and fostering a culture of understanding can make a significant difference in the lives of those living with long COVID.”
Key Statistics | Insights |
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56% of employees report major stressors and distress affecting their mental well-being during Covid-1929. | The pandemic has had a significant impact on the mental health of the workforce, highlighting the need for employers to prioritise employee well-being. |
91% of employees indicate the importance of manager support for their mental health and well-being29. | Supportive management and a culture of understanding are crucial in helping employees cope with the challenges of long COVID. |
48% of organisations believe they have been effective at identifying and managing the mental health risks arising from Covid-1930. | There is room for improvement in how employers are addressing the mental health needs of their workforce during the pandemic. |
Legal Implications and Potential Claims
As the COVID-19 pandemic continues to unfold, employers must navigate the complex legal landscape surrounding long COVID in the workplace. Dismissal or other unfavorable treatment of employees affected by long COVID could potentially lead to claims of unfair dismissal or disability discrimination31. Employers must be diligent in following fair and thorough processes, making all reasonable efforts to support affected employees, and only considering termination as a last resort3233.
Unfair Dismissal and Discrimination Claims
Employees with long COVID may be protected under the Equality Act 2010, which defines long-term conditions as those lasting at least 12 months, likely to last at least 12 months, or likely to last for the rest of the person’s life31. Employers must be cautious in their handling of these cases, as dismissal or other unfavorable treatment could be considered disability discrimination31.
Additionally, long COVID may exacerbate pre-existing disabilities, and employers should consider their duty to make reasonable adjustments to accommodate affected employees31. Possible reasonable adjustments for long COVID in the workplace include phased return to work, flexible working, occupational health support, furlough, working from home, and reduction of workload31.
Seeking legal advice is strongly recommended to navigate the complex issues surrounding long COVID in the workplace and minimize the risk of unfair dismissal or discrimination claims323331.
“There is robust evidence supporting the prescription for five serious pathological complications following COVID-19 that cause persistent impairment and loss of function.”32
The pandemic of Coronavirus Disease 2019 (COVID-19) started in 2020 and has led to multiple waves of increasing and decreasing infection rates32. Health and Social Care Workers, due to their close proximity to patients or clients, have a significantly increased risk of infection, subsequent illness, and death32. While there is limited understanding of the pathophysiology and effects of Post-COVID syndrome, there is an increasing literature on persisting symptoms impacting daily activities and work capabilities32.
Long COVID may affect 10 to 33 million working-age adults in the United States33, and between 22% and 27% of workers with long COVID were reported to be out of work33. Long COVID already accounts for 15 percent of unfilled jobs, according to one study33.
The Council will continue to evaluate further evidence to understand the longer-term effects of COVID-19 and its impact on different occupations32. As the legal implications of long COVID in the workplace continue to evolve, employers must remain vigilant and proactive in supporting their employees and mitigating the risk of potential claims323331.
Conclusion
As we have explored, Long COVID presents a significant challenge for both employees and employers in the United Kingdom34. Medical evidence is showing that a minority of individuals with COVID-19 cannot shake off the effects months after initial illness34, and Long COVID may be considered a disability under the Equality Act 2010 if it substantially impacts daily activities long-term34. By understanding the legal rights and responsibilities, and adopting a supportive, flexible and communicative approach, organisations can help their staff with Long COVID to remain productive and manage their condition effectively.
Addressing the needs of this growing cohort of workers will be crucial for businesses to retain talent and maintain a healthy, inclusive workplace35. Employers need to be mindful of potential disability discrimination against employees with Long COVID and consider making workplace adjustments to support affected employees34. Proactive planning, open communication, and a commitment to employee wellbeing will be key as we navigate the challenges posed by this emerging condition in the workplace.
Ultimately, organisations that prioritise supporting their staff with Long COVID will be better positioned to foster a resilient, adaptable and engaged workforce – one that is equipped to overcome the obstacles presented by this complex and evolving situation36. Measuring and addressing the impact of Long COVID on work performance, productivity, and mental health will be crucial for maintaining a thriving, future-ready business.
Source Links
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