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26.07.2022
Discriminating against people with long-COVID could cost you dearly
Long-COVID, like many other illnesses, can amount to a ‘disability’. This means that treating people with long-COVID less favourably, or failing to make reasonable adjustments for them, can lead to claims of disability discrimination.
So, what should you do?
- Take people claiming they have long-COVID seriously and treat it like any other health issue.
- Ignore absences relating to long-COVID when assessing attendance.
- Consider temporary changes to the role where people are finding it difficult to cope.
- Take Occupational Health or other medical advice.
- Do not dismiss someone without taking legal advice.
People experiencing long-COVID can face any number of symptoms that may affect their ability to work, or to do their job well. The symptoms may be permanent or may come and go.
It is important that you discuss the impact their symptoms are having on them in a non-judgemental and supportive way. These are sensitive conversations and should be handled with care.
Together you should discuss ways that you can mitigate the effect of the symptoms. This may be by altering the person’s duties; allowing them more time to do certain tasks; giving them more breaks; letting them start work later or leave earlier; and any number of other practical steps you can take to help them.
You can also direct them to organisations that may be able to assist – and remember that there may be mental health issues as well as physical symptoms which need to be taken into account.
So far, no one has won a long-COVID discrimination claim as far as we are aware, but in one recent case the Claimant overcame the first hurdle and was able to satisfy the Judge that his health issues meant that he was disabled. His employment claim for unfair dismissal and disability discrimination will now be heard by a full tribunal panel.
Remember, it is not unlawful to dismiss a disabled employee. However, you must tread extremely carefully and only do so as a last resort. You should ensure that your managers know how to behave in cases where individuals have – or may have – a disability. This means ensuring that they are trained and equipped to deal with these types of situations and do not say or do things that would put your business at risk of a potentially VERY expensive tribunal claim.
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