Employment tribunal classes long COVID as a disability

In a landmark legal case for sufferers of long COVID, an employment tribunal recently ruled that the condition should be classed as a disability. Terence Burke has won a case for unfair dismissal after being sacked from his job as a caretaker in 2021. He had worked in the role since 2001, but had been unable to attend work for nine months after suffering substantial and long-term effects from COVID-19 after contracting the virus in November 2020. The tribunal gave Mr Burke permission to bring a disability discrimination case to his former employer after ruling that the condition he described amounted to a disability under the Equality Act. The judgement referenced a TUC report from June 2021 about workers’ experience of long COVID, which was an important point to support what the claimant said about the recurrence of the symptoms.   The judgement also noted that occupational health evidence had been unhelpful for the claimant, highlighting a challenge for UNISON members and representatives who are facing similar problems. The lawyer representing Mr Burke was Catherine Turner, employment partner at law firm Bryan Cave Leighton Paisner, who told HR magazine: “Employers should note this decision and consider carefully any steps taken in respect of employees who are off sick because of long COVID or what could be long COVID.” UNISON general secretary Christina McAnea said: “I welcome this employment tribunal decision, which proves, in many cases, that worke...
Source: UNISON Health care news - Category: UK Health Authors: Tags: Article Covid-19 long covid Source Type: news