An employer should ensure that they maintain good communication with the employee during any period of sickness to ensure they are kept up to date with impacts of the illness on duties, treatment received and prognosis. The employer should speak to the employee to see how they can support the employee during the illness and to establish what return to work arrangements may need to be put in place on either a temporary or longer-term basis. To support the measures the employer may need to put in place, the employee will need to be assessed by Occupational Health.
An employer should look to see if any reasonable adjustments can be made to assist the employee with their role. For example, by changing the employee’s working hours, letting the employee do shorter days or giving the employee longer breaks. A capability procedure should be considered if the illness is adversely impacting the individual’s ability to carry out their role, but the above steps should be followed before an employer reaches this stage.
Current data indicates that women, ethnic minorities and older people are more prone to experience long Covid. An employer should therefore be careful that it does not discriminate on the grounds of sex, age or race, in addition to disability, when taking any measures that may impact on those with long Covid.
If you are an employer and want further advice relating to an employee who might have long Covid and whether it should be categorised as a disability, please get in touch with one of our Employment solicitors.
