A caretaker who lost his job due to the effects of long COVID has won a landmark employment tribunal ruling.
Terence Burke contracted COVID-19 in November 2020, but the long-term effects meant he was unable to return to his job and nine months later he was dismissed.
Take care when dealing with disability
A Scottish employment tribunal has ruled that, in this case, long COVID can be classed as a disability, and he can now sue his employers, Turning Point Scotland, for unfair dismissal.
According to Acas, disabled people and many people with health conditions have been disproportionately affected during the pandemic.
Employers need to be careful when dealing with disability in the workplace and should seek legal advice in what can be a complex area.
It’s against the law to discriminate against someone because:
- They have a condition or impairment considered a disability by law
- It is believed they have a disability even if that’s not true
- They know someone who’s disabled, for example a family member, friend or colleague
- They have another association with disability, for example they volunteer for a disability charity.
During the hearing, the panel heard that coronavirus had left him with “substantial and long-term” side effects.
It heard that Mr Burke took sick leave from work because he struggled to complete simple household chores, and even missed a family funeral because of his extreme tiredness.
He was later sacked after he was so exhausted, he was unable to turn up for work for about nine months, the panel was told.
His GP later diagnosed him with post viral fatigue syndrome.
Claim will go to tribunal
But in August 2021, he was sacked with a letter reading: ‘You remain too ill to return to work and there appears to be nothing further we can do to adjust your duties or work environment.’
The panel ruled that Mr Burke’s long Covid amounted to a disability under the Equality Act.
Employment Judge James Young ruled: “I consider that the relevant tests are met to meet the definition of disability.”
Mr Burke will now bring his claims of unfair dismissal, disability discrimination, age discrimination, and failure to pay redundancy payments, to a final tribunal hearing.
For help and advice on matters relating to disability in the workplace and employment law, contact our expert team today.