William Drysdale-Wood, who lives with the condition Crohn’s Disease, worked at the care support charity Shared Lives South West from 2015. The charity's representatives had been aware of Drysdale-Wood's health condition since he began working in the role, and had put appropriate adjustments in place, the tribunal heard.
In 2020, Drysdale-Wood developed Long Covid. As directed by a medical practitioner, he took a period of extended sick leave. Upon his return to work, Drysdale-Wood had a meeting with his managers to discuss adjustments, where he stated that a reduced workload would be beneficial.
However, in June 2023, his managers told him that a reduced workload would no longer be feasible due to another employee leaving the organisation.
Drysdale-Wood had two capability meetings with management in September 2023 to discuss further adjustments. Following these meetings, he received an email alerting him of the termination of his employment on the grounds of ill-health.
A hearing to determine compensation is due to take place at a later date.
Read more: Health workers seek long Covid compensation
The most important thing that HR leaders and employers can do when supporting employees with Long Covid is to believe them, emphasised Alice Hargreaves, CEO of SIC, a consultancy that supports disabled people into work.
Speaking to HR magazine, Hargreaves said: “The main thing is believing someone when they disclose. Long Covid is misunderstood and can take years to diagnose. By the time the employee asks for support, they really need it.
“HR leaders should be able to provide not just workplace support but also signpost resources such as wellbeing and mental health support.”
She added: “Often, a disabled employee brings innovative thinking that benefits the employer in the long-term. Disabled people also tend to be more loyal employees and, when supported, they can take fewer sick days than their non-disabled peers.
“Often, adjustments are free to implement and easy to carry out. Reducing someone's energy output by eliminating commuting and allowing them to work from home can increase the hours they feel comfortable working. Providing opportunities for job shares can also enhance overall diversity, enabling people with caring responsibilities to re-enter the workforce in positions that reflect their experience.”
The letter of termination to Drysdale-Wood referred to Shared Lives being unable to sustain continued high levels of absence. Drysdale-Wood’s claims of unfair dismissal, discrimination relating to disability and failure to provide reasonable adjustments were all successful.
Read more: Long covid recognised as disability in landmark tribunal
When considering an adjustment for an employee, employers and HR leaders should engage in meaningful discussions, stated Chelsea Feeney, an associate at law firm Stevens and Bolton.
Feeney told HR magazine: “Employers should avoid blanket policies or assumptions regarding an employee’s health, and should instead rely on medical evidence and individualised assessments.
“Where a reduced workload is requested, the employer should carefully consider the impact of the reduced workload on the business, engage in collaborative dialogue with the employee to discuss their requirements and carefully document all discussions and decisions, including why a particular adjustment was, or was not, made.”
Feeney added that when employees are unable to make adjustments for employees, they should follow a fair and transparent process.
She said: "This will involve carefully considering (and, where necessary, following) the employer’s capability policy and procedure, considering medical evidence in relation to the employee’s health and their prognosis, and consulting with the employee to take their views in relation to their condition into account. Transparent consultation with the employee is essential to ensure that the situation can be weighed up, bearing in mind the employer’s requirement for the work to be done, and the employee’s need for time to recover.
"Where possible, the employer must afford the employee a reasonable time to increase their attendance or performance levels, particularly where the employee is already in the process of recovering."
