Long Covid and disability

Long Covid is such a new condition that there is no definitive answer to whether it satisfies the legal definition of disability.

To be recognised as a disability under the Equality Act 2010, a condition must have a “substantial and long-term” adverse effect on a person’s ability to do normal day-to-day activities, unless it is a “deemed” disability such as cancer or multiple sclerosis.

Evidence is showing that a substantial number of people who have had Covid are still suffering after 12 months.

However, there is no clear legal protection, and the Equality and Human Rights Commission’s head of employment policy, Rebecca Thomas, says “we think the best approach is for employers to presume that someone with long covid has a disability”.

Some organisations, including the TUC, have argued that long covid should be recognised as a disability, but the government is reluctant to do this. Thomas suggests this is because it is a “fluctuating” condition, where symptoms can “come and go”.

The EHRC suggests good practice for employers would be to support workers with long covid by presuming they are disabled and facilitating reasonable adjustments such as adapting workplace practices and offering greater flexibility.