The implications of “Long COVID” on the workplace: a new type of disability?

A difficult implication of COVID-19, known as Post-COVID Syndrome or “Long COVID” has now arisen. The National Institute for Health and Care Excellence has, in its guideline scope, defined Long COVID as “signs and symptoms that develop during or following an infection consistent with COVID-19 which continue for more than twelve weeks and are not explained by an alternative diagnosis”.

The definition refers to clusters of symptoms, including “generalised” pain, fatigue, persisting high temperature, and psychiatric problems. There are similarities to the early definitions of chronic fatigue syndrome (“ME”).

COVID-19 does not have to be diagnosed. The current evidence suggests that Long COVID symptoms are persistent and debilitating. It may be diffcult to differentiate Long COVID psychiatric issues from those caused by the effects of national lockdowns.

The definition of disability in the Equality Act 2010 (S. 6(1)) is a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities

“Long-term” means over twelve months. Those who have presented with the earliest examples of Long COVID show that it easily lasts this length of time. The UK Courts say “substantial” means “not insubstantial”, not a high hurdle. Certainly, extreme tiredness could easily have such an effect. As workforces return to the workplace, given the loose definition of Long COVID, the low bar for establishing disability, and the impact of lockdowns, we can expect significant numbers of Long COVID diagnoses to cause lengthy absences from the workplace. If Long COVID is diagnosed or suspected, the condition should be treated as a probable disability. That should speed rehabilitation and avoid claims.

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Photo: Andrey Popov - stock.adobe.com