Covid patient loses claim as she wasn’t disabled at time of dismissal 

A worker who lost her job while positive for Covid-19 and then went on to be diagnosed with long Covid has lost her disability discrimination claim. 

Jennifer Cafferky Solicitor in our employment team, reports on this recent case.

Ms Quinn worked as ‘Head of People’ for Sense Scotland from 9 December 2019. 

On 11 July 2021 she tested positive for Covid and was dismissed from her role on 27 July 2021. 

The following month Quinn’s GP advised her of a possible risk of long Covid, and she was then diagnosed with the condition on 12 September 2021.  

She brought a claim of disability discrimination. 

The Employment Tribunal accepted that long Covid was a disability, so the key factor was whether Quinn was disabled within the meaning of the Equality Act 2010 at the time of her dismissal. 

Quinn claimed her original Covid-19 diagnosis and her subsequent long Covid diagnosis were part of the same condition. 

Sense Scotland submitted that the issue of disability status could not be determined with the benefit of hindsight, and at the time of her dismissal there were no expectations that Quinn would go on to develop long Covid. 

The tribunal ruled in favour of Sense Scotland. It noted that Ms Quinn was not advised of a possible risk of long Covid until around four weeks after her dismissal and was not diagnosed for a further two weeks. 

At the time of dismissal, Quinn was positive for Covid-19 and there was a possibility that she would go on to develop long Covid. 

However, most people who contracted Covid-19 did not go on to develop long Covid, and it could not be said that the risk could well happen. 

She was not therefore disabled at the relevant time.  

If you would like more information about the issues raised in this article, or any aspect of employment law please contact Jennifer on 01228 516666.