Is Long Covid A Disability?

Recent ONS estimates suggest that around 2 million people (3.1% of the UK's population) have symptoms of long-COVID, with the most common symptoms being fatigue, shortness of breath, coughs and muscle aches.

As more care staff are reporting symptoms of long-COVID, we are increasingly being asked whether long-COVID amounts to a disability and trigger additional legal responsibilities for care providers, such as the duty to make reasonable adjustments.

In a recent Employment Tribunal case in Scotland, the tribunal was asked to determine whether an employee with long-COVID was disabled.

What is a 'disability'?

The Equality Act 2010 defines a disability, in section 6(1), as where a person: