COVID-19 - the long goodbye
Covid-19 is a new virus and the long-term effects of it on individuals are yet to be seen. For those that were infected with the virus, a growing number have reported post Covid conditions which have been named “Long Covid”. Ongoing symptoms can include:
Lung disease
Blood clots
Breathlessness
Extreme fatigue
Memory loss
Brain fog
Protracted loss of taste and smell
Skin rashes
A recent ONS survey reported that over the four-week period ending 6 March 2021, an estimated 1.1 million people in private households in the UK reported experiencing long COVID. This is defined as symptoms persisting more than four weeks after the first suspected coronavirus episode that are not explained by something else.
Research has shown that the symptoms of Long Covid can take up to 12 weeks to reduce and we still don’t know if it causes permanent damage to the organs. In addition, there may be individuals that were extremely unwell when infected with Covid-19 and this may have affected their mental health on an ongoing basis.
For organisations, this means that Long Covid needs to be on the radar so that sickness absence and a return to work can be managed effectively.
Whilst Long Covid is unlikely to be classed as a “disability” for the purposes of the Equality Act, as it is not known to be sufficiently long term (in that it lasts for more than 12 months), care needs to be taken when managing sickness absence and a return to work.
As a starting point, if you have a sickness absence policy this should be followed, as you would with any other sickness absence. You should remind the employee to submit “Fit notes” from their GP for any absence of 7 days or more, and stay in touch with the employee to find out how they are and what can be done to support them during their sickness absence. If the absence goes on longer than a couple weeks, you are likely to need a report from either the employee’s GP, or an occupational health provider to inform you about the effect of the illness. Given that the symptoms of Long Covid are so diverse, this will have to be carried out on a case by case basis and potential adjustments could vary from one individual to another.
Although Long Covid is unlikely, at this stage, to meet the definition of ‘disability’ that does not mean that adjustments to assist with a return to work should not be considered. Employees may suggest adjustments to help them to return to work, such as regular breaks, a phased return, or a temporary change of duties. If you are unsure whether a specific adjustment is required, or if it cannot be accommodated, it is wise to obtain a medical view on the proposed adjustment, or to find out if any compromise can be found.
As with any sickness which becomes long term, once all other avenues have been exhausted, an employer has to consider the ultimate sanction of dismissal on the grounds of capability.This should only be considered if there is no foreseeable return to work, or if no adjustments could be made in order to support the employee to return to work. Employment tribunals will scrutinise these decisions, leaving no stone unturned, so any decision to dismiss on these grounds must be taken with great care.
By Chloe Leyland