24 June 2022

Cases - Long Covid and disability

Although not a landmark case in terms of the principles involved, the recently published decision in the case of  Burke v Turning Point Scotland appears to be the first case where a claimant was found to be disabled because they had long Covid.  The Claimant relied on ‘post viral fatigue syndrome’ or ‘long covid’ as being a physical impairment citing difficulties in showering and dressing, standing for long periods, preparing meals, walking long distances, concentrating and sleep disturbances.  The ET found that these were more than minor or trivial effects.  As with all disability cases, the decision was fact sensitive, but it serves as a reminder to employers to always be open to the idea that someone may be disabled despite an Occupational Health view that they aren’t.

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