Acas has this week published advice for employers and workers in response to the growing impact of 'long COVID' in the workplace. The new guidance outlines a list of reported long COVID symptoms that can last weeks or months after the infection has gone, including fatigue and problems with memory and concentration ( referred to as "brain fog"). 

Acas suggests that upon diagnosis, employers and workers should discuss the potential impacts of long COVID as early as possible, collaborating to formulate ways to support sufferers such as offering flexible working and considering reasonable adjustments. The guidance also states that, despite variations in the effects of the condition, the usual rules for sickness absence and sick pay apply when someone is off work because of long COVID.

The Office for National Statistics (ONS) estimates that over one million people have reported experiencing long COVID.

Of course, whilst Acas understandably advises employers to consider reasonable adjustments, it is true to say that the legal duty for an employer to make reasonable adjustments arises only when an employee is considered to be disabled within the meaning of the Equality  Act 2010 statutory definition.  As 'long COVID' is a very recent medical phenomenon, it is far from legally established at this stage whether long COVID would amount to a legal disability.  Given an essential element of the statutory definition is that the impairment must have a long-term impact (which means that it will last or is likely to last for at least 12 months, it could well be (and for the sake of those experiencing long COVID one would hope so) that the condition will or is likely to dissipate within 12 months.    

It is only a matter of time before the first cases emerge through the Employment Tribunal system which seek to determine whether long COVID is a disability or not.  Until such guidance emerges (and perhaps irrespective of it) employers would be advised to consider the Acas guidance carefully where their employees are reporting that they suffer from long COVID.