Long Covid sufferer held to be disabled despite regular gym sessions

A tribunal has ruled that a long Covid sufferer could be classified as disabled despite being able to run a side business and attend regular sessions at the gym.

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

The case involved Mr S Bradley who brought an unfair dismissal claim against Cultureshift Communications.

Before the claim could proceed in full, it was necessary to determine whether Bradley’s symptoms of pain, lethargy and brain fog, together with stress and depression due to long Covid, amounted to a disability under the Equality Act.

At a preliminary hearing, the Employment Tribunal decided that it did. This is despite the fact that although Bradley claimed he was unable to sit at a computer screen and carry out his work, he was able to run substantial distances, attend the gym three times a week and operate a successful business.

Employment judge Shotter accepted evidence that Bradley struggled at work until he was signed off.  He had previously worked full time but was no longer able to do so because he needed breaks to sleep during the day.

The judge stressed that if Bradley’s case had just depended on his long Covid resulting in reduced athletic performance, he would not be considered disabled under the Act.

However, Bradley’s reduction in sporting performance showed the impact his illness had on him and the fact that he had to reduce his running and gym sessions supported his case that he was experiencing chronic fatigue.

It was also the case that his GP confirmed that the therapy and exercise he was undertaking was part of his recovery routine. 

Judge Shotter added that if Bradley had not taken measures to treat his symptoms, such as taking breaks at work and sleeping during the day, the impact on his life would have been worse.

The ruling that Bradley’s long Covid amounted to a disability under the Equality Act does not necessarily mean that he was unfairly dismissed but it does mean he can proceed with his claim.

For more information about the issues raised in this article or any aspect of employment law please contact Jennifer on 01228 516666 or send her an email.