Long Covid

What is long covid?

People who have contracted Covid-19 generally fully recover within days or weeks.  However, some people suffer with symptoms for weeks and months after the initial infection.  This is called post Covid-19 syndrome or “long covid”.
There are a broad range of symptoms, but the main ones are:

  • Fatigue
  • Difficulty concentrating/brain fog
  • Muscle pain
  • Shortness of breath
  • Joint pain
  • Depression and anxiety

The Office of National Statistics states that the groups most likely to have long covid are:

  • People aged 35-69 years old
  • Women
  • Those living in the most deprived areas
  • Disabled people or those with an existing health condition
  • Those working in health or social care

Am I protected?

Under the Equality Act 2010, disability is defined as a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.  Substantial means more than minor or trivial and long-term means has lasted or is likely to last more than 12 months.
Whether or not someone with long covid meets the definition of disabled for the purposes of being protected under the Equality Act 2010 will therefore depend on their individual circumstances and how long covid affects them.
If the definition is met and the employer is not making reasonable adjustments or is discriminating against someone because of their disability, then the employee may be able to bring claims under the Equality Act 2010.
ACAS has issued guidance to employers in this regard, suggesting that an early, facilitative approach is taken, with a view to making adjustments rather than assessing whether the employee’s condition is a disability.
The TUC has also called for long covid to be specifically set out as a disability in the Equality Act 2010 to protect workers against such discrimination.
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