Long Covid sufferers and trade unions demand condition legally recognised as disability

Long Covid sufferers and trade unions have called on the government to urgently recognise the condition as a long-term disability, to unlock badly-needed support for those forced into poverty by their symptoms.

Speaking to the All-Party Parliamentary Group (APPG) on Coronavirus during an evidence session on Tuesday, people who have been living with Long Covid said they were barred from most financial support despite losing jobs.

Tim Hughes told MPs and peers he had lost his job shortly after testing positive in October last year and as a result had had to move in with brother, mostly sleeping on the floor.

He had successfully made a claim for a Personal Independence Payment, but it only came to £94.80 a month, which was now his sole source of income. He was not eligible for other benefits because Long Covid is not widely recognised as a disability.

“I was told I was not fit to be at work by my old employers’ occupational health. If I’m not fit to be at work what am I supposed to do for money?” he said.

“It’s had a massive effect on my independence, plus depression, mental health and all of that as well. We do need that recognition of it being a disability and/or an occupational illness.”

Stephen Clay, another Long Covid sufferer, said much the same. He had been on sick pay from his work since falling ill 12 months ago but this would end next month, leaving him with nothing.

“It’s got to be recognised as a disability to allow people to move on with claiming benefits. People do need to be labelled,” he argued.

A previous survey by the Trades Union Congress has suggested over half of those with Long Covid had experienced some form of discrimination or disadvantage in the workplace due to their condition. Around a fifth (19 per cent) said their employer had questioned the impact of their symptoms.

A third witness, Brighton-based student Emily Miller, said she had also fallen through the cracks in the system.

Despite sending in written evidence of how debilitating her Long Covid was from both her university therapist and local NHS Long Covid clinic, she was told she was not eligible for Disabled Students’ Allowance.

“They said they don’t recognise Long Covid as long-term disability,” she told the APPG.

The group also heard evidence from occupational health doctors and legal experts about the confusion across the sector when it came to understanding Long Covid and rights at work.

Jason Tetley, from the Greater Manchester Law Centre, said until an employment tribunal had ruled on the question of employees’ rights when suffering from Long Covid, few lawyers would take on a case of a worker cut off from financial support because of their illness.

Sue Coe, the Trades Union Congress’ senior equality policy officer, said it was vital the government passed legislation confirming Long Covid did qualify as a disability under the Equality Act, to protect the 1.2m Britons believed to still be experiencing Covid symptoms more than three months after infection.

Although there were hundreds of employment tribunals underway which would test the legal uncertainty around Long Covid, the backlog as a result of the pandemic is now beyond a year, which meant there would no rulings until closer to 2023.

“But as we have heard earlier what we need is support now,” she said. “Workers are being discriminated against, workers are being forced out of work, and we need protection now, not established through employment tribunals a year down the line.”

Instead, the government could simply pass secondary legislation quickly through parliament naming Long Covid as an impairment under the Equality Act and resolve the problem now, she argued.

“What we are reliant on is people having the skills and the aptitude to negotiate with their employers and to enforce their rights, at the very time when they are ill and don’t have the capacity to do that,” Mr Tetley added.

“There’s also the financial pressure, so there is a perfect storm. What I would like to see is a clearer definition in terms of disability, that clarifies the situation.”