AS employers and employees alike continue to navigate challenges presented by Covid-19, at Dentons we have seen increasing inquiries into the impact of long Covid, and what employers can do to support employees as best they can.
Long Covid is when someone continues to experience signs and symptoms for more than 12 weeks after they contracted Covid-19. Tens of millions of people worldwide are believed to be suffering from it.
The Trade Union Congress (TUC) conducted a study into workers' experiences of long Covid. Fatigue, brain fog, shortness of breath, difficulty concentrating, memory problems, pain-related symptoms and depression are common symptoms. These effects can vary in severity day to day, so individuals may feel well enough to work one day but need to take time off the next.
It has been suggested that long Covid could be one of the factors behind widespread labour shortages in Britain. Ninety-eight per cent of long Covid sufferers feel that this condition has limited their ability to work; 78% needed to cut back or change their work and 19% ceased work altogether.
An employment tribunal recently concluded that long Covid was a disability under the Equality Act 2010 in the particular circumstances of the case. As they would for other employees with a disability, employers may therefore have to make reasonable adjustments for employees with long Covid symptoms. If employers are considering commencing a capability process or dismissing an employee with long Covid, they should ensure that their absence management policies are fit for purpose and followed.
Employers should also consider staff retention. A recent UK survey and Bank of England officials have both suggested that long Covid could be one of the main factors behind widespread labour shortages in Britain.
With many businesses struggling with staff recruitment and retention, it is worth considering whether adequate measures are in place to ensure employees are fit to return when they do – and will remain so. It is in nobody’s interests for an employee to return too quickly and set their recovery back, requiring further leave.
If an employee states that they have long Covid, employers should treat this as they would any other health condition. They should ensure they take any relevant medical evidence into account when making decisions. Invisible illnesses are, by definition, harder for an employer to identify. This makes open communication with the employee crucial to help them remain in work and to do so comfortably and productively.
Where possible, employers should continue to embrace flexible working. Flexibility means different things to different people and can extend beyond hybrid working to include, for example, allowing an employee to shift their working hours forward if their symptoms are more severe later in the day, or back if mornings are particularly tough.
Facilitating flexible working arrangements for employees with health struggles will often help to avoid long-term absences and other issues arising. Simply being mindful and supportive, and showing that you are willing to consider creative solutions, can make a huge difference to your staff.
Mark Hamilton is a Partner at Dentons UK and Middle East LLP
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