EN L EGAL ERGY
E aBst arker A ng li Gao te ON leEe
programme, managers can ask employees if they have any concerns about returning. As always, managers need to be alert to any signs of mental or physical health conditions that may have a significant impact on the employee.
not a disability, employers may need to support staff with long Covid before moving to deal with sickness absence or reduced performance under the formal absence or capability procedures. Acas has published guidance for employers.
Long Covid Widely reported symptoms of long Covid include fatigue and ‘brain fog’ (difficulties with memory and concentrating). On some days, employees may struggle working their full hours and performing to their usual level.
To be protected under the Equality Act 2010, the employee has to have a health condition which meets the statutory definition.
As a new condition, not a lot is known about long Covid. If it is likely to have an impact on the employee for 12 months, it could well be a disability under the Equality Act. Even if it is
It is worth bearing in mind, that long Covid is reported to affect women, people from ethnic minorities and older people more seriously. Please get in touch for advice if the employee falls within one of these groups, as your treatment of them in relation to long Covid could be indirect discrimination.
BARKER GOTELEE barkergotelee.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
19
