‘Long Covid’ Recognised as a Disability in Important Employment Ruling

Following recovery from the immediate effects of COVID-19, a substantial number of people have gone on to suffer from a phenomenon commonly known as ‘long Covid’. In an important ruling, an Employment Tribunal (ET) found that the condition is capable of amounting to a disability within the…

Jun 17, 2022

The case concerned a charity worker who initially suffered mild, flu-like symptoms after contracting the virus. At the end of his isolation period, however, he continued to suffer from extreme fatigue, joint pain, lack of mobility, sleeplessness and general lack of energy. After he was off sick for some months, his employer dismissed him, with regret, on the basis that he remained too ill to return to work.

He subsequently launched ET proceedings alleging, amongst other things, disability discrimination. The question of whether he was a disabled person within the meaning of Section 6 was considered as a preliminary issue.

Ruling in his favour on the point, the ET found him to be a credible witness. He said that the condition left him so exhausted after such mundane activities as showering and getting dressed that he needed to lie down. He had difficulty walking to his local shop to buy a newspaper and his concentration wavered to the extent that he struggled to read a book or watch TV without drifting off.

The condition had an adverse effect on his ability to carry out normal day-to-day tasks. That effect was substantial in the sense of being more than minor or trivial. It was also long term in that it was likely to persist for a period of 12 months or more. The ET’s ruling opened the way for him to pursue his claim to a full hearing.

Workplace Disciplinary Proceedings – Empathy and Understanding Required

The critical issue in many employment cases is whether an employee’s dismissal lies within the range of reasonable responses open to the employer. As an Employment Appeal Tribunal (EAT) ruling showed, the answer to that question often depends on the level of empathy and understanding shown in the disciplinary process. The case concerned a university library employee who was working alone behind the reception desk when, as she was entitled to do, she asked a student to show her photo identity…

Women are More Likely to Bear Childcare Responsibilities – That’s a Fact

Judges do not operate in a vacuum and are entitled to take the view that some facts are so obvious that there is no requirement to prove them. In an important ruling, the Employment Appeal Tribunal (EAT) found that that principle applies to the fact that women are more likely to bear childcare responsibilities than men. The case involved a community nurse who was primary carer for her three children, two of them disabled. Due to her responsibilities as a mother, she worked only on Wednesdays…

Whistleblowing Nurse’s Dismissal ‘Grossly Unfair’, Tribunal Rules

There are few things more serious in an employment context than sacking a whistleblower for performing a valuable public service. The Employment Appeal Tribunal (EAT) made that point in the case of a highly regarded nurse who was treated grossly unfairly for doing what she considered to be her duty. The nurse had an unblemished employment record stretching to 38 years and had received commendations for her leadership skills, positivity and enthusiasm. On a number of occasions, she expressed…