Why Long Covid Could Be Classified As A Disability

On 7 October 2021, the Office for National Statistics (ONS) reported that an estimated 1.1 million people in the UK were experiencing self-reported long COVID. Of those, 831,000 had (or suspected they had) COVID-19 for at least 12 weeks previously, and 405,000 at least one year previously. This is a staggering statistic. With many employees off work due to long COVID, two key questions arise for employers: can long COVID amount to a disability under the Equality Act 2010, and what does it mean for employers in practice?

Can long COVID amount to a disability?

Under the Equality Act 2010, a disability is a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on a person's ability to carry out normal day-to-day activities. 'Long term' means that the impairment has lasted or is expected to last for at least 12 months or more, at the time of the alleged acts of discrimination committed. 'Substantial' means more than minor or trivial.