TUC calls for long Covid to be recognised as a disability to prevent “massive” discrimination

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 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 3 in 10 (29 per cent) have experienced symptoms lasting longer than a year.
  • More than 9 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 (79 per cent) of those who responded to the TUC’s survey identify themselves as key workers, with the majority working in either education or health and social care.

More than two-thirds (68 per cent) of respondents were women. 

Long Covid in the workplace

The report reveals the extent of discrimination in the workplace towards those with long Covid.

Over half (52 per cent) of respondents 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 (5 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 government to urgently 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.”

New support for professionals on M.E./CFS and managing Long Covid symptoms

GPs and health professionals in Scotland can now get a free one-hour training session on the diagnosis and management of M.E./CFS. This module, based on ten case studies, also supports the management of Long Covid symptoms.

Action for M.E. is very excited to launch a new partnership project in Scotland: Learn about M.E. – the M.E./CFS Professional Development Project in Scotland.

This project is a partnership between Action for M.E., The M.E. Association, #MEAction Scotland, The 25% Group and Dr. Nina Muirhead. Dr Muirhead, who developed a free online Continuing Professional Development (CPD) module in partnership with the UK CFS/M.E. Research Collaborative (CMRC,) became ill with M.E./CFS in 2016.

Dr. Muirhead said: “Only after I developed M.E. myself did I realize that I had not understood the illness. Feeling the devastating impact of M.E. on myself and my life I felt determined to offer something that changed that experience for other people.”

Many people with M.E. face disbelief and stigma around their illness and do not receive the appropriate care and support they need. This project provides vital information to GPs and Health Professionals in Scotland to assist them to diagnose and manage the symptoms of M.E./CFS. This module is also likely to be applicable to a subset of COVID patients who may develop post viral M.E./CFS and could be harmed by inappropriate advice to exercise.

There are around 20,000 adults and children living with M.E. in Scotland.

Action for M.E.’s Big Survey 2019 found that over 35% of respondents who live with M.E. in Scotland were not at all confident that their GP understood their condition. In addition, only 7% of children and young people and 16% of adults are obtaining a diagnosis within the current NICE and Scottish Good Practice Statement on ME-CFS guideline timescale of three months and four months respectively. Almost one in five adults (18%) waited more than six years for a diagnosis.

This training module on M.E./CFS will improve knowledge of the illness; reduce delays to diagnosis, reduce the likelihood of multiple unnecessary referrals and investigations and the potential for harm for people with M.E.

General Practitioners, Medical students and Allied Health Professionals will receive 1 hour CPD upon successful completion of the course.

The Scottish Government’s Neurological Framework funding is supporting the project to improve knowledge relating to diagnosis and management of M.E./CFS. Dr. Nina Muirhead is developing a complementary podcast and short opinion pieces to support dissemination and take up in Scotland.

Employers urged to plan for effects of long COVID

Doctors are urging employers to plan for the effects of Long COVID now as cases continue to grow. Without planning how to manage the condition in advance, employers risk being left with big staffing problems.

“The Medical profession knows about post viral syndromes, but the potential scale and complexity of Long COVID is presenting new challenges” says Dr. Greg Irons MBChB MFOM, an occupational health specialist practising in London.

“The UK Government’s Office for National Statistics published data last November showing that around one in five people who tested positive for COVID-19 had symptoms that lasted for 5 weeks or longer – and one in ten people had symptoms that lasted for 12 weeks or longer” he said.

One large study recently published in The Lancet following 1,733 adults in Wuhan who were recovering from COVID found 76% of patients reported at least one post-viral symptom. More than 50% showed chest problems on scans. Other studies have shown many patients had lingering lung problems three-months after infection.

Considering that approaching 4 million people in the UK have tested positive so far (and the true number of infections is likely to be higher), employers are potentially looking at a significant number of Long COVID cases within the UK workforce.

Difficult to Prove

It is likely to be challenging for employers and doctors to navigate the complexities of Long COVID. Unless a PCR swab test was taken (and gave a positive result) at the time of infection, or specific (highly accurate) antibody testing was done in the weeks soon after, it is difficult to prove if an employee has had COVID-19 or not.

Importantly, a negative result from an antibody test does not mean an employee has not had COVID-19. Over time, antibody levels may have depleted and become undetectable. Consequently, it can be impossible to definitively confirm if an employee has had COVID-19 in the past.

Because the diagnosis is subjective and the symptoms are varied, Long COVID is reminiscent of other chronic conditions, which can also be challenging for employers to manage. Fibromyalgia, Chronic Fatigue Syndrome (ME) and some types of chronic back pain are just some examples.

There is no definitive guide for exactly how long it may take to fully recover from Long COVID. Recovery times can be different for every patient, although symptoms usually resolve within 12 weeks for most people. This will present difficulties for employers.

As far as is understood, the chances of developing Long COVID are not thought to be linked to the severity of the initial infection. Some patients report long-term problems, although were not hospitalised during the initial infection. New or ongoing symptoms can occur and can also change dramatically at any time.

Psychological & Physical Repercussions

Many patients are reporting psychological or cognitive concerns following infection, sometimes long after they have recovered.

Mike Battista, Staff Scientist at Cambridge Brain Sciences, the online platform for assessing cognitive function says: “With COVID-19, the severity of cognitive impairments can vary widely from person to person.

“Traditional methods of measuring those problems are usually a one-off binary decision: is someone severely impaired or not? Clinicians are much better served by a continuous measure of cognitive capacity to track subtle changes over time.”

However, assessing the physical elements of Long COVID can also be very difficult. Physiotherapy can certainly help, although rehabilitation is likely to require care and support from many different medical disciplines. That is not always a straightforward process.

Consequently, rehabilitation from Long COVID may involve a multi-disciplinary approach. That can take time and requires employee consent. Primary Care, Occupational Health, Respiratory Physiotherapy and other services are likely be involved. This may well require significant patience and co-ordination, especially if it is led by an employer.

Just because an employee has a long-term medical condition, it does not mean an employer has no options” says Magnus Kauders, Managing Director of Occupational Health Assessment Ltd, a nationwide occupational health provider. “Rehabilitation can be time consuming and tricky, but it can be done” he said.

“As a last recourse, the capability channel will remain available for employers. However, that will usually require professional insight, at the very least support from occupational health and probably specialist legal support”, he continued.

Clinicians are already suggesting that the future support for Long COVID recovery will involve a much more nuanced approached than historical approaches to rehabilitation.

It will also involve cutting-edge tools providing doctors and employers with an objective evaluation of each patient’s progress at every stage of their rehabilitation.

Although these tools to support rehabilitation are there, it still may not be an easy path for employers. “It is likely to require physical, psychological, biological and social support, possibly for many years to come” says Dr. Irons.