An Employment Tribunal has found that an employee suffering from long covid is disabled, and entitled to protection as a disabled employee under the Equality Act 2010. The employee’s symptoms were unpredictable and two occupational health reports stated the employee was fit to return to work and unlikely to be disabled under the Equality Act. However the employee symptoms worsened and the Tribunal decided the employee was disabled at the time of dismissal. This is not the first time that an Employment Tribunal has come to a different conclusion to Occupational Health, and I am sure that it will not be the last. Medical or occupational health reports are a necessary and very important part of the jigsaw, but other factors should not be disregarded, particularly if there are changes since the report was given.
An employment tribunal has determined that an employee with long COVID symptoms was disabled within the meaning of section 6 of the Equality Act 2010
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