The following provides resources and guidance for members affected by Long Covid
Frequently asked questions about Long Covid and employment
CSP stewards and safety reps are well placed to support members with long Covid. Where trade unions are recognised, sickness absence policies include references to the right to be accompanied to meetings by a trade union representative or colleague. We would advise members to contact their steward or safety rep early in any processes.
I am on sick leave with Long Covid. I work in the NHS so what pay should I be getting?
Arrangements for Covid-19 Sick Pay were withdrawn in 2022. New episodes of COVID-19 sickness absence is now paid in line with the individual's normal contractual terms and conditions.
Members should check the NHS Agenda for Change Contract and employer's sickness policy for information on occupational sick pay. View the government's webpage on statutory sick pay.
I am on sick leave with Long Covid. I work outside the NHS so what pay should I be getting?
Check with your employer and review your contract of employment to see what entitlements you have to sick pay.
You can check your statutory sick pay eligibility on the government's website.
Some private sector employers take out permanent health insurance or income protection insurance to provide support to staff who become incapacitated during their employment. Such policies enable employers to access money that they can pass onto employees to make up some or all of their normal salary. These policies have eligibility criteria that the employee has to satisfy. The fact that Covid 19 is a new disease with an uncertain prognosis may make this problematic, although there are early signs from the insurance companies that underwrite the policies that in some circumstances long Covid may sufferers may be covered. It is certainly worth checking whether your employer does purchase group cover in any relevant insurance arrangements.
How should my employer support me with my return to work?
Read how employers should support those with Long Covid in their return to work.
What are my options if I am ready to undertake some work but not fit for my previous job?
GPs and other healthcare professionals are able to issue ‘fit notes’ in circumstances where you and the doctor agree that you are fit enough to undertake some work, but not return to your previous job.
A fit note requires your healthcare professional to confirm that you are either “Not fit for work” or “May be fit for some work, taking account of the following advice”
The note can suggest one of four options:
- A phased return to work
- Altered hours
- Amended duties
- Workplace adaptations
The aim of fit notes is to facilitate an earlier return to work, but employers are not legally obliged to accept the option proposed. If your employer cannot accommodate it, then the fit note must be treated as if your GP or healthcare professional has stated that you are “Not fit for work” and you will remain off sick.
Will I be covered by the Equality Act?
The Equality Act 2010 seeks to secure equal treatment for people with a protected characteristic compared to others without that characteristic. The Equality Act prohibits less favourable treatment (discrimination) on the following grounds:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion and belief
- Sex
- Sexual orientation
Disability is defined in the Equality Act and an individual has to satisfy all elements to be covered. A person has a disability if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. It counts as long term if it has lasted 12 months or is likely to last at least 12 months or likely to last for the whole of their life.
The fact that Covid 19 is a relatively new disease and we are still learning how it manifests means that there is limited evidence available currently about the long-term prognosis for ‘Long Covid’ or ‘Post Covid Syndrome’. However, the multi system presentation and the similarity to existing conditions that can fall within scope, like Chronic Fatigue Syndrome, suggests that the some severely affected individuals are likely to be covered. If in doubt, please contact your CSP steward for further advice
In the context of Long Covid, there are two potential areas for consideration:
- Disability discrimination including a potential failure to make reasonable adjustments
For more information on this, please see the following FAQ. - Discrimination in respect of other protected characteristics.
Researchers from Kings College London have identified a number of risk factors for the development of Covid or long Covid. Specifically, women under 50 years old are 50% more likely to suffer from long Covid that men in the same age group. Older age is a known risk factor for Covid 19 and those of a Black Asian and minority ethnic groups are disproportionately affected.
Employers should be vigilant to avoid a disability discrimination claim or an indirect discrimination claim when they deal with workers who have a diagnosis or symptoms suggestive of Long Covid
What is a 'reasonable adjustment'?
An employer has a duty under the Equality Act (section 20), to make 'reasonable adjustments' ie to take reasonable steps, to alleviate any substantial disadvantage to a disabled person because of any provision, criterion or practice (PCP) at work. PCPs might include the provisions of employment policies like sickness absence and capability or existing terms and conditions such as hours of work or working patterns. Reasonable adjustments can also include physical changes to the workplace.
Employers are expected to remove barriers that make it harder for a disabled worker to enter the workplace and to contribute productively. Specific reasonable adjustments might include reallocating duties, reducing working hours, allowing extra breaks, modifying absence trigger points, moving a worker to a more accessible work location or allowing them to continue to work from home. Appropriate reasonable adjustments depend on the nature of the disability and should be the subject of discussion and agreement with the individual and potentially with their representative.
Even if an individual was not covered by the Equalities Act we would expect employers to be supportive and put in reasonable adjustments wherever possible in the interests of facilitating a return to work.
If I caught Long Covid at work, can I pursue a Personal Injury claim?
In assessing whether or not a claim is likely to be successful, the normal principles of personal injury (PI) apply. The burden of proof rests with the claimant to prove that their employer (or some other third party who owes them a duty of care) has breached their duty of care towards them in some substantive way and that, on the balance of probabilities, their infection was caused by this breach of duty.
A briefing developed by Thompsons, the specialist employment lawyers the CSP uses gives further information about the PI process.