Long Covid 'classed as a disability' so sacked caretaker can sue boss
A caretaker is believed to be the first person in the UK to successfully claim long Covid is a disability.
Terence Burke and his wife contracted Covid-19 in November 2020 and he was unable to return to work with the charity Turning Point Scotland before he was dismissed nine months later, a tribunal has heard.
A panel was told Mr Burke was signed off sick as he struggled to complete simple household chores because of extreme tiredness.
His flu-like symptoms were very mild at first but he later developed severe headaches and fatigue.
Mr Burke, who missed his uncle’s funeral, said he would need to lie down after getting dressed in the morning and struggled to stand for long periods.
His daughter Tressa Burke, CEO of Glasgow Disability Alliance, said her father was fatigued for months, had no appetite and lost weight.
She recalled a conversation where he had said he was hoping to return to work in April 2021 but was then ‘zonked’ and ‘exhausted for days after’.
His GP later diagnosed him with post viral fatigue syndrome.
But in August 2021, he was sacked with a letter reading: ‘You remain too ill to return to work and there appears to be nothing further we can do to adjust your duties or work environment.’
The panel ruled his long Covid amounted to a disability under the Equality Act. Employment judge James Young said Mr Burke’s condition had ‘a long term adverse effect’ on his ability to carry out day to day activities.
He can now claim unfair dismissal at a final hearing.
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