An estimated 1.8 million people in the UK are experiencing long COVID symptoms, according to the latest Office of National Statistics (ONS) COVID-19 Infection Survey, based on self-reported long COVID symptoms. Long COVID is the medical term used to describe COVID-19 symptoms that persist for more than four weeks, but 44% of people self-reporting long COVID had been affected for at least a year and 13% for at least two years. 67% of those with self-reported long COVID say that their day-to-day activities are adversely affected by their symptoms, amounting to 1.2 million people, and 19% report that their ability to undertake day-to-day activities has been "limited a lot". 

Long COVID is most prevalent in people aged between 35 and 49, females, people living in more deprived areas and people working in social care, teaching, education or health care. There is also increased prevalence in people who already have another activity-limiting health condition or disability.  For these reasons, it is inevitable that many employers will soon be grappling - if they have not already - with the question of whether long COVID amounts to a disability.

 

In a social media post on 7 May, the Equality & Human Rights Commission (EHRC) stated that "without case law or scientific consensus, EHRC does not recommend that long COVID be treated as a disability".

This view, expressed by the influential EHRC, caused considerable surprised and concern amongst COVID support groups and trade unions and, the following day, the EHRC published what they called a clarificatory statement.  It said that, they said that although long COVID is not currently a condition which automatically constitutes a disability under the Equality Act 2010, if a person's symptoms have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, long COVID might amount to a disability, which would be determined by an employment tribunal or court in the usual way. Employers should follow existing guidance when considering reasonable adjustments and flexible working in order to support affected workers.

I think we knew that?  So where we were then...the debate will rumble on for some time, though it will surely be soon that the first spate of tribunal judgments will see the light of day, passing determination on the issue.