Reports show that 1 in every 10 individuals who have contracted COVID-19 will go on to face further health complications for over 12 weeks after they first became infected.
Little is currently known about so-called “long-COVID” – what causes the condition, why it affects certain people, or for that matter, the degree to which it affects them. But what is quickly becoming apparent is that long-COVID can seriously impede the wellbeing of those who are stricken by it, making even the simplest of tasks extremely challenging.
As the country prepares to welcome workers back following a lengthy absence through either furlough or home working, the potential impact of long-COVID will now be a huge concern for many employers.
With more than a million people now said to be suffering from the condition in some form, HR professionals across the board will be seeking further guidance as to how to best tackle this unprecedented and developing threat to personnel throughout the UK.
How do we classify a disability?
Whilst there isn’t a unanimously accepted definition of long-COVID, the NHS tells us that those suffering can expect to display for many months after the initial virus has left their systems, with common ailments including joint or chest pain, extreme fatigue, shortness of breath, brain-fog, high temperatures, anxiety, and depression. Although the length of time that a patient will continue to exhibit symptoms is inconsistent from person to person, what is clear, is that long-COVID has the potential to devastate a person’s physical and mental health. As such, it is likely a large number of employees with long-COVID will legally be classified as disabled due to the seriousness of their condition.
Any person exhibiting “physical or mental impairment” resulting in a “substantial” and “long-term” effect on their ability to carry out everyday tasks should be considered disabled Under the Equality Act 2010. “Long term” in this context suggests that a condition has lasted or will last for at least a year and may vary in severity during that period. Although not pertinent to each and every long-COVID patient, it does give us a benchmark against which each employee’s illness can be assessed.
If having garnered the full extent of an employee’s unique circumstances, they are indeed thought to be afflicted with a long-COVID triggered disability, ACAS advises that businesses take a pragmatic approach, primarily focussing on making reasonable allowances or adaptations to facilitate any absences. This should take priority over the legality of an individual’s disability classification as failure to do so, could result in you falling foul to discrimination legislation.
Working practices
Long-COVID should be treated no differently than any other chronic illness. Employers should envisage intermittent absences, for both short and lengthy periods, and with little notice.
As such, HR leaders should belookingto engage directly with those affected to agree a way forward, starting with formalising a process for making contact, be that daily or weekly, on the phone or by email. Both parties need to set the boundaries and decide the best route to support a safe, achievable return to work. This might include introducing different shift patterns, longer or more break times, a phased return, relocation of office space, additional desk equipment, or perhaps changes to job specifications. It is recommended that either medical advice be sought or occupational health services engaged to ensure any plans agreed are fit for purpose. The important thing to remember is that no amendments to working practices should be entered into without the express consent of the employee and that the situation should be closely monitored with further concessions made if necessary.
If after all these processes have been undertaken there remains a genuine question as to an employee’s capacity to ever return to duties, it may well be appropriate to commence a formal capability procedure, however, this should only be done once all other options have been explored.
Managing chronic illness in the workplace is a complex topic, made more challenging given that theoretically, there could be several people struggling with long-COVID at any one time. As such, it would be pertinent to engage the support of an experienced Employment Law team at this time, who can assess any concerns on your behalf.
Ensuring that you remain fully informed from a legal standpoint will not only safeguard against any potentially costly errors with your HR, but should also cultivate improved relationships with your employees, encouraging an easier, and slicker return to duties.
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