Category: Sickness absence and disability · Reviewed by Al Jabbar, Broker · Specialist Risks · Last reviewed 2026-06-10
Long Covid — the post-acute sequelae of SARS-CoV-2 infection — can amount to a disability under section 6 of the Equality Act 2010 where the impairment has substantial and long-term (12 months or more) adverse effect on the employee’s ability to carry out normal day-to-day activities. There is no per-se finding that Long Covid is always a disability; the assessment is fact-specific. The Employment Appeal Tribunal addressed the issue in Burke v Turning Point Scotland [2022] UKEAT 32 confirming that Long Covid was capable of amounting to a disability on the facts.
Category: Sickness absence and disability Also known as: Long COVID disability, post-acute COVID Leading case: Burke v Turning Point Scotland [2022] UKEAT 32 Related concepts: Equality Act 2010 disability provisions, Reasonable adjustments Equality Act 2010, Mental health absence
Long Covid presents in a wide range of forms including fatigue, breathlessness, cognitive impairment (“brain fog”), cardiovascular dysregulation, gastrointestinal symptoms and depression. The clinical case definition is set by NICE in NG188 (originally published 2020, updated 2024). For Equality Act purposes, the question is not the clinical label but whether the impairment satisfies the s.6 test.
Equality Act 2010 s.6 and Equality Act 2010 (Disability) Regulations 2010. Case law: Burke v Turning Point Scotland [2022] UKEAT 32 (where the tribunal found that the claimant, a part-time caretaker with Long Covid, satisfied the disability definition). Subsequent tribunal decisions have applied the same fact-specific analysis.
In group risk and PMI context, Long Covid claims have proven challenging because of the heterogeneity of symptoms and the limited evidence base for clinical interventions. Group IP insurers have generally treated Long Covid as eligible for benefit where the functional capacity is reduced consistently with the policy definition. Group PMI insurers have varied in their treatment of cognitive symptoms and post-exertional malaise.
An employee absent for nine months with persistent fatigue, breathlessness and cognitive impairment after acute Covid is referred to OH. The OH practitioner concludes Long Covid (NICE NG188 classification) and that the impairment is likely to persist beyond 12 months. The employer treats the employee as disabled for Equality Act purposes, considers reasonable adjustments, and refers the employee for group IP claim consideration after the deferred period.
This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-10. Next review: 2026-12-10.
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