Preparing to manage long covid employees
COVID-19 has placed unprecedented pressure on businesses who have needed to change and adapt to the challenges posed by the pandemic. One emerging area of concern, which will undoubtedly have an impact on employers, is the recently recognised medical condition ‘Long Covid’.
What are the symptoms of long covid?
The majority of people who contract COVID-19 recover within a few days or weeks. However, for some people the symptoms can last much longer; this is known as long covid. The National Institute for Clinical Excellence (NICE) defines long covid as “signs or symptoms that develop during or after an infection consistent with COVID-19 that continue for more than 12 weeks and are not explained by an alternative diagnosis”.
The ONS found that the most common symptoms of long covid are fatigue, shortness of breath, muscle ache and difficulty concentrating. However, according to the NHS guidance on long covid, a wide variety of other potential symptoms have also been identified including: chest pain or tightness; difficulty sleeping (insomnia); heart palpitations; dizziness; pins and needles; joint pain; depression and anxiety; tinnitus, earaches; feeling sick; diarrhoea; stomach aches; loss of appetite; a high temperature; cough; headaches; sore throat; changes to sense of smell or taste; and rashes.
Imperial College’s React-2 study found that people with long covid tended to fall into one of two groups experiencing either: ‘respiratory symptoms like shortness of breath, tight chest and chest pain; or fatigue type symptoms like tiredness, muscle aches, and difficulty sleeping.’
Who is likely to suffer from long covid?
The ONS found that 1 million people or 1.6% of the population in the UK were experiencing self-reported long covid, with 376,000 of those people first having COVID-19 at least one year ago. Meanwhile, Imperial College’s React-2 Study found that 2 million adults in England may have experienced persistent COVID-19 symptoms lasting 12 weeks or more.
NHS guidance currently suggests that the chances of experiencing long term symptoms is not necessarily linked to how ill the patient was when they first contracted COVID-19.
The React 2 Study found that women are 1.5 times more likely to experience prolonged symptoms than men. In addition, the prevalence of symptoms was found to increase with age (a 3.5% increase in likelihood for every decade of life). The study also found that the following groups are at higher risk: those that are overweight; smokers; those living in deprived areas and those that had been admitted to hospital.
Are employees with long covid entitled to sick pay?
Normal sick pay provisions will apply for long covid sickness absence. Employees will therefore receive either company sick pay or statutory sick pay (if eligible). The statutory sick pay weekly rate is currently £96.35, paid for up to 28 weeks. Further information on the eligibility criteria is available on the gov.uk website.
8 ways employers can manage long covid sickness absence or performance issues
Acas advises that long covid may affect an employee’s performance in work, and/or may result in increased sickness absence. Here are some tips to help you manage these issues:
1. Regular communication
It is really important to talk to your employee regularly. This applies when they are off work on sick leave, and after they return to work. This is an opportunity to gain an understanding of the symptoms they are experiencing and the impact this may have on their work and/or attendance. It is also an opportunity to discuss with the employee the support that is needed.
2. Demonstrate empathy
Don’t underestimate the impact long covid may be having on the individual from both a mental and physical perspective. The CIPD report that symptoms of long covid are known to fluctuate. Your employee may appear to be healthy and well some of the time. This doesn’t necessarily mean they have made a full recovery. As Matt Hancock, former Health Secretary said: ‘Long Covid can have a lasting and debilitating impact on the lives of those affected’.
3. Professional support
Remind your employee of the professional support that is available through the workplace, ie employee assistance provider or occupational health services.
4. Medical information
If it looks like the employee may suffer from long covid for an extended period of time and it is impacting their attendance and / or performance, then you are advised to seek medical information. This can be from a GP or from occupational health services, and the employee must consent to the release of this information.
The purpose of seeking medical information is to help you learn more about:
- the symptoms the employee is experiencing;
- the likely duration of the illness;
- the impact the condition may have on the employee in work; and
- whether there are any reasonable adjustments you can make to support the employee.
5. Reasonable adjustments
On receipt of the medical information, meet with the employee to discuss the report and to identify any support or reasonable adjustments to be made. For example, you could consider:
- Phased return to work, ie returning to work on a part time basis and gradually increasing hours;
- Temporary reduction of hours;
- Temporary home working;
- Temporary change of duties or job role; and
- Adapting the physical workspace.
While the medical information will be really important in helping you to identify reasonable adjustments, it is also worth asking the employee for their opinion on the support that would be beneficial. Any adjustments should be agreed between yourself and the employee on a temporary basis, with a review date scheduled.
Making reasonable adjustments is particularly important if the employee is likely to meet the legal definition of ‘disability’. The Equality Act 2010 places an obligation on employers to make reasonable adjustments for disabled employees. The Equality Act is covered in more detail at the end of this article.
6. Ensure Line Managers are aware of long covid
It is important that your Line Managers are made aware of long covid and its symptoms, so that they can manage their employees sensitively and appropriately.
7. Update your COVID-19 Policy
Update your existing COVID-19 Policy to ensure your employees are aware of the process that will be followed and the support that will be offered to those that suffer from long covid.
If you don’t currently have a COVID-19 Policy, then this is something that you may wish to consider introducing. Please contact us on 0330 223 5253 or office@fitzgeraldhr.co.uk if you would like assistance with drafting a policy.
8. Keep a record
Ensure you keep a record of the steps taken to support the employee in the workplace, for example by summarising any reasonable adjustments in a letter to the employee. This is important if the worse case scenario happens and you reach a stage where you are unable to continue their employment. You may need to rely on evidence that you have acted fairly and taken all reasonable steps to support the employee.
For further information on addressing sickness absence and performance issues, please refer to our Guides ‘Managing Employee Sickness Absence’ and ‘How to manage an underperforming employee’.
Are employees who suffer from long covid protected under the Equality Act 2010?
The Equality Act 2010 prohibits discrimination on a number of grounds, including disability. The Act places an obligation on employers to make reasonable adjustments for disabled employees. Employers who fail to meet their obligations under the Equality Act face the risk of discrimination claims and/or unfair dismissal claims.
The legal definition of a ‘disability’ is as follows:
‘A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day to day activities’.
An assessment of whether an individual meets the legal definition is determined on a case by case basis and is dependent upon the specific facts. Two individuals may suffer from the same condition, but would not necessarily both meet the legal definition of disability as their individual circumstances will differ.
It is likely that sufferers of long covid will be able to meet aspects of the criteria, ie that they have a physical or mental impairment (as it is a recognised health condition) and that the impairment has an impact on their ability to carry out normal day to day activities. As long covid affects people in different ways, some may be able to demonstrate that the impairment is ‘substantial’ while others may not.
As we are still learning about COVID-19 and don’t yet fully understand the effects of long covid, it is unclear whether the condition will meet the ‘long term’ criteria of the legal definition. To meet the criteria an individual must demonstrate that the impairment has lasted, or is likely to last, for 12 months or more. Further medical research is needed to enable a greater understanding of the effects and duration of long covid, before it can be said with certainty that the condition could meet the legal definition of a disability.
While we await further medical research and the first Employment Tribunal determinations, employers would be wise to proceed with caution and to assume that employees suffering from long covid are likely to be protected by the Equality Act. Employers should therefore ensure that they are making reasonable adjustments to support employees, and are taking steps to prevent discrimination. Examples of direct and indirect discrimination could include:
- Failing to promote someone due to their illness;
- Making someone redundant as a result of their illness;
- Failing to offer reasonable adjustments to support the employee in the workplace;
- Unfairly dismissing someone as a result of their illness.
You can find more information in the ACAS guide on disability discrimination.
What can we do to help?
If you would like advice on managing long covid sickness absence or performance issues, please contact our team on 0330 223 5253 or office@fitzgeraldhr.co.uk. We would be delighted to help you.
We hope you found this guide useful. You may also find the resources below helpful.
