Employment Tribunal recognises long Covid as a disability under the Equality Act

In Mr T Burke v Turning Point Scotland: 4112457/2021 an employment tribunal accepted in a preliminary hearing that long Covid, as experienced by the particular claimant, met the legal definition of disability under the Equality Act as it is a ‘physical or mental impairment’ that has a ‘substantial and long term adverse effect
on [Mr Burke’s} ability to carry out normal day to day activities’.

Having examined the facts and evidence of the impacts of long Covid on Mr Burke, the employment judge concludes that -

‘I consider that the relevant tests are met to meet the definition of disability as that is defined and that the claimant was a disabled person in the period 25 November 2020 – 13 August 2021 and which included the relevant period of the alleged discriminatory acts.’

NB - the tribunal also referred to the TUC’s report on Workers’ experiences of long Covid in reaching its decision, which includes a call for the government to specify long Covid as a disability in the 2010 Act.