ACAS Publishes Long-COVID Advice for Employers and Workers
The emergence of 'long-COVID' has been difficult to navigate for employers and employees, and the Office for National Statistics estimates that over one million people have reported experiencing long-COVID.
In recognition of the prevalence of long-COVID amongst those who have had coronavirus (COVID-19), 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.
ACAS' new guidance summarises a list of known symptoms of long-COVID, which can be of varying severity with some said to last weeks or sometimes months after the COVID-19 infection has gone. These include, amongst others, fatigue, shortness of breath and problems with memory and concentration ('brain fog').
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 guidance clarifies that, despite variations in how the condition manifests itself, 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'?
The ACAS guidance suggests that, 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, particularly given the variable nature of long-COVID, the symptoms and the possible duration of the condition.
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.