THE TUC HAS CALLED for Long COVID to be urgently recognised as a disability, and Covid-19 as an occupational disease, to give workers access to legal protections and compensation.
The call comes as the TUC publishes an in-depth report on workers’ experiences of long Covid during the pandemic.
More than 3,500 workers in England responded to a TUC survey on the impact of long Covid on people’s daily working lives.
The survey reveals that, of those surveyed:
- Nearly three in 10 (29 per cent) have experienced symptoms lasting longer than a year.
- More than nine in 10 (95 per cent) have been left with ongoing symptoms.
- A clear majority had experienced side effects including brain fog (72 per cent), shortness of breath (70 per cent), difficulty concentrating (62 per cent) and memory problems (54 per cent).
- Over half (52 per cent) had experienced some form of discrimination or disadvantage due to their condition.
The report highlights how frontline workers have been disproportionately affected by Long Covid.
Over three-quarters of those who responded to the TUC’s survey (79 per cent) identify themselves as key workers, with the majority working in either education or health and social care. More than two-thirds of respondents (68 per cent) were women.
The report reveals the extent of discrimination in the workplace towards those with Long Covid. Over half of respondents (52 per cent) said they had experienced some form of discrimination or disadvantage due to their condition.
Workers told the TUC how they were faced with disbelief and suspicion when they disclosed their symptoms:
- Around a fifth (19 per cent) said their employer had questioned the impact of their symptoms.
- One in eight (13 per cent) faced questions from their employer about whether they had long Covid at all.
- One in 20 respondents (five per cent) said they had been forced out of their jobs altogether because they had Long Covid.
Respondents described the difficulties that they faced trying to work while experiencing a range of Long Covid symptoms. One person, who contracted Covid-19 at work, said that when their employer went ahead with an international event in the first wave of the pandemic: “I was still expected to work long hours, handle stressful situations in impossible timeframes, find and fill in forms (which I struggled to do because of cognitive issues), and spend hours on Zoom calls when I struggled to talk and breathe, resulting in extreme chest pain, shortness of breath, exhaustion and severe symptom relapses.”
Respondents were also concerned about what the future might hold for them at work given the amount of sick leave they had been forced to take due to their Long Covid symptoms. Around one in six respondents (18 per cent) said the amount of sick leave they had taken had triggered absence management or HR processes.
New rights and protections for those with Long Covid
The TUC is calling for the UK Government urgently to recognise Long Covid as a disability under the Equality Act.
The Equality Act 2010 defines disability as 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”. Government guidance makes clear that ‘long-term’ means 12 months or more.
The TUC says that many who have Long Covid already meet this criteria and should therefore be protected under the law rather than forced to go through the stress of employment tribunals.
Extending Equality Act 2010 protections so they cover workers with Long Covid would ensure employers cannot legally discriminate against them. It would also put a duty on employers to make reasonable adjustments that remove, reduce or prevent any disadvantages workers with Long Covid face, as for any other enduring condition or disability.
In addition, the union body is calling on ministers to recognise Covid-19 as an occupational disease – entitling employees and their dependents to protection and compensation if they contracted the virus while working.
TUC General Secretary Frances O’Grady said: “Many of the workers who have carried us through the pandemic are now living with debilitating symptoms of Long Covid. And we’re beginning to hear troubling stories of a massive wave of discrimination against people with Long Covid.
“It’s time to recognise this condition properly and make sure workers who are living with Long Covid get the support they need to do their jobs. Long Covid must be recognised as a disability. That would mean workers are protected by the Equality Act, and would have a right to get reasonable adjustments at work.
“And Covid-19 should be designated as an occupational disease. That would allow workers who contracted Covid-19 at work and are living with the consequences to claim the compensation they are due.
“Employers must also act. They should make sure they make reasonable adjustments for workers with Long Covid, and complete specific risk assessments to make sure workers with Long Covid are safe at work.”
Lesley Macniven, chair of the Long Covid Support Group, who worked with the TUC on its report, said: “Even those with ‘mild’ Covid can suffer daily with fluctuating symptoms, exhausted and alone. Promises we’ll ‘just get better’ have been proved otherwise.
“A year on we need legally enforceable guidance for employers and government – informed by unions, occupational health and patient groups with significant lived experience managing Long Covid. Patients need time to convalesce, then recuperate through a very gradual, flexible phased return to work, over months, to achieve a sustainable return.
“Long Covid is disabling young, previously healthy workers. This key step is needed to take the effects of Long Covid seriously, enable rehabilitation and protect dedicated workers from discrimination due to poor understanding of the condition.”
A female respondent from North West England, said: “I travel by public transport four hours per day to and from work in addition to my eight hours shift. It is extremely difficult to focus on my job due to extreme fatigue and joint pains at work”
Another female respondent, a key worker in South East England, said: “During the pandemic we were low on PPE and therefore we were not provided with enough or the correct PPE. I caught Covid twice as a result of this. I had to sit with a Covid-positive patient for ten hours wearing only a surgical mask and a basic white apron. Since October I have been suffering with chest pain that has gotten gradually worse. I have had to take unpaid time off work.”
* Read Workers’ Experience of Long Covid here.
* Source: Trades Union Congress