KR HR & TRAINING NEWS ARTICLES

Our HR consultant Kirsteen Pearce explains how to manage Long Covid in the workplace.

The Office for National Statistics has estimated over one million people have reported experiencing Long Covid. Chris Whitty, England’s Chief Medical Officer has warned we can expect to see a significant increase in Long Covid cases this year.

SO WHAT DOES THIS MEAN FOR EMPLOYERS?

WHAT IS LONG COVID?

Long Covid symptoms are broad and can impact physical, cognitive and emotional functionality. These can include extreme tiredness; shortness of breath; chest pain, problems with memory and concentration, dizziness; joint pain.

A Long Covid diagnosis can take time, but crucially it hangs around and recovery can be slow.

SHOULD LONG COVID BE TREATED AS A DISABILITY?

Under the law, a disability is a physical or mental impairment that has a ‘substantial and long-term’ negative effect on a person’s ability to do normal day-to-day activities.

‘Long term’ means the impairment:

• has lasted or will last for at least 12 months
• can come and go or is likely to last for the rest of the person’s life

In the absence of any Employment Tribunal ruling and the evolving nature of Covid-19, there is currently no definitive answer to whether ‘Long Covid’ satisfies the above statutory definition.

Nonetheless, an employee suffering ‘Long Covid’ symptoms could likely demonstrate a physical or mental impairment that impacts their ability to carry out ‘normal day-to-day activities’.

ACAS state “It’s a good idea for the employer to focus on the reasonable adjustments they can make rather than trying to work out if an employee’s condition is a disability.”

AVOIDING DISCRIMINATION

As well as disability, employers must be careful to avoid other types of discrimination when considering Long Covid.

Long COVID has been found to more severely affect:

• older people
• ethnic minorities
• women

Employers must avoid discriminating by age, disability, race or sex.

HOW CAN BUSINESSES MANAGE EMPLOYEES WITH LONG COVID WHEN THE SYMPTOMS ARE SO VARIED?

The complexity of Long Covid presents a challenge for employers. Employers should err on the side of caution when dealing with employees suffering with Long Covid. In line with the ACAS guidance, employers should make reasonable adjustments to facilitate an employee’s continued employment.

ACAS offers practical tips to manage the various effects with a range of options that can help staff get back to work safely.

Employers should discuss with the employee any support they may need. This could include:

Arrange and offer occupational health assessments

Look into reasonable adjustments, which can vary from changed hours, to adapted physical workspaces; and

Discuss flexible working as an option as well as phased returns, building back up to working hours.

As well as managing absences, organisations will need to address issues with employees who try to continue working with Long Covid but are unable to perform at their normal level because of the symptoms. Employers will need to be as sympathetic as possible and accommodate temporary adjustments to working practices. Adjustments can be regularly reviewed to see if they are still needed.

CIPD suggest that employers could consider putting in place an “Adjustments for Long Covid action plan” to sit alongside the reasonable adjustments.

Employees will require different levels of support, depending on their role and any ongoing symptoms, so it is important to treat each employee on a case by case basis, listening to their needs and having regular conversations.

HOW CAN EMPLOYERS PREPARE FOR HANDLING LONG COVID IN THE WORKPLACE?

Employers can be proactive and put in place a Long Covid policy setting out both the employer and the employees responsibilities along with details of how employees with Long Covid will be supported. This could be incorporated into an existing Covid-related policy or absence management policy as a separate section, rather than a standalone document. Additionally employers should ensure employees are signposted to a wide range of support in case they are diagnosed with Long Covid.

There is some useful guidance from NHS Employer’s website on the support available to employees with Long Covid.

FURTHER SUPPORT AVAILABLE FROM KR HR & TRAINING CONSULTANCY

If you are not sure how to develop proactive steps to develop a policy on Long Covid, or need support with handling an individual absence issue, please get in touch on 01249 701486.