Dealing with the threat of dismissal during recovery from long Covid

Super fit Isla ran for miles everyday and when she could no longer do so, it posed a risk to her health - and career.

Long Covid meant there was an extended period of time in which the software engineer struggled with day-to-day activities.

The crippling symptoms, which for a long time were undiagnosed, inevitably meant time off work, which triggered her employer’s absence management process.

Isla was undergoing numerous tests and treatment, but had no clear diagnosis.

The company where Isla had worked for eight’ years ran out of patience after she had been off for six months. She was invited to a hearing under the final stage of the absence management process.

No other stage of the four-stage process had been followed. The schedule hearing was to consider among other things if Isla should be dismissed.

Worried Isla contacted our Employee Support Centre for help when the meeting was eventually due to take place.

Isla explained to our representative that she appreciated the patience her employer had shown during her illness, but was worried it was now acting unfairly.

She said the absence management hearing had been delayed by about four months, meaning she had been off for 10 months in total.

This was due to her ill health and being unable to attend scheduled meetings, a change of manager dealing with the case, unexplained delays on behalf of the employer and because Isla felt she had no choice but to raise a grievance.

The grievance was on the grounds the employer was not following a fair process, as it moved straight to the final stage of the absence management process and skipped earlier stages.

Isla attended a grievance hearing accompanied by colleague. The employer rejected the grievance. Isla submitted a grievance appeal, which was also rejected.

The employer then insisted it would go ahead with the absence management hearing, as the full grievance process had been exhausted.

Prior to the hearing our employer reviewed the extensive paperwork in the case, which included welfare meeting notes, medical reports, occupational health assessments and email correspondence.

The evidence showed Isla caught Covid towards the end of 2020. But long after the infection had gone, she continued to suffer with a range of Covid-related symptoms that affected her physical and mental health.

Tests and treatment were ongoing. Crucially, however, there was a report from her GP which said he suspected it could be long Covid.

He had referred Isla for further tests. At the time the absence management meeting took place, she was awaiting a specialist appointment.

At the hearing our representative argued for Isla to be given more time as a decision to dismiss her, which was a potential outcome to the meeting, could amount to disability discrimination.

Our representative urged the employer to exercise caution and consider reasonable adjustments to the absence management process rather than dismissal.

He asserted it was a prudent approach, as based on the medical evidence it was highly likely Isla had long Covid, and it was capable of being considered a disability under the Equality Act 2010.

Our representative urged the hearing to focus on the definition of a disability in the Act. It defines a disability as a physical or mental impairment; and the impairment has a substantial and long term adverse effect on the person’s ability to carry out normal day to day activities.

In a compelling presentation of Isla’s case, our representative also focused on the unfairness of the absence management process. He highlighted his concerns, and the implications for the employer in failing to follow its own established and recognised process.

A week later the employer asked to meet with Isla and our representative. It accepted that errors may have been made as a result of ‘miscommunication’ and ‘inexperience.’

The company said as a reasonable adjustment it would extend the absence management process and support Isla.

Isla was eventually diagnosed with long Covid. She was later able to return to work performing some duties working from home as she continued to recover.