Long-Covid recognised as a disability, but IT worker's discrimination claims dismissed
An employment tribunal found that long-Covid can amount to a disability under the Equality Act, but dismissed all claims from an IT employee who argued he was unfairly dismissed and discriminated against by CGI IT UK Ltd.
1 min read · Last updated 18 May 2026
Case details
- #long-covid
- #disability-definition
- #preliminary-hearing
- #substantial-adverse-effect
- #long-term-effect
Key facts
- The claimant contracted COVID-19 in March 2020 and developed long-Covid symptoms.
- He was on sick leave from 26 June 2020 to 8 November 2020, then returned on a phased basis.
- He relapsed and was dismissed on 10 February 2021.
- The tribunal found he was disabled by long-Covid from 27 August 2020 onwards.
- All his claims were dismissed at the final hearing.
Timeline
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COVID-19 infection
Claimant contracted COVID-19, likely in March 2020.
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Symptoms reported
From May 2020, claimant reported fatigue, sore throat, and other symptoms to his GP.
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Sick leave started
Claimant went on sick leave due to fatigue and sore throat.
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Specialist diagnosis
Dr Paul Glynne diagnosed long-Covid symptoms.
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Phased return to work
Claimant returned to work on a phased basis with medication and home working.
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Relapse and sick leave
Claimant relapsed and went on sick leave again.
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Dismissal
Claimant was dismissed by the respondent.
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Claim presented
Claimant presented his claim to the employment tribunal.
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Preliminary hearing
Preliminary hearing to determine disability status; claimant found disabled from 27 August 2020.
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Final hearing start
Final hearing commenced; all claims dismissed.
The legal issue
The tribunal had to decide whether the employee's long-Covid condition met the legal definition of disability under the Equality Act 2010, and if so, whether his dismissal and other treatment amounted to unlawful discrimination or unfair dismissal.
The outcome
The tribunal ruled that the employee was disabled by long-Covid from 27 August 2020 onwards, as his symptoms had a substantial and long-term adverse effect on daily activities. However, all his claims were dismissed.
- The unfair dismissal claim failed because the employer had a potentially fair reason (capability) and acted reasonably in dismissing him given the medical evidence available at the time.
- The disability discrimination claims (failure to make reasonable adjustments, discrimination arising from disability, and harassment) were dismissed as the employer did not know or could not reasonably be expected to know of the disability at the relevant times, and its actions were justified.
- No compensation was awarded as the claims were unsuccessful.
Lessons & takeaways
- Long-Covid can be a disability under the Equality Act if it has a substantial and long-term adverse effect on normal daily activities, but each case depends on individual symptoms and duration.
- Employers are not liable for disability discrimination if they did not know and could not reasonably be expected to know that an employee was disabled at the time of the alleged discrimination.
- A fair dismissal process, including proper consideration of medical evidence and consultation, can protect employers even when the employee has a serious health condition.
- Employees should ensure their employer is aware of their condition and its impact to trigger the duty to make reasonable adjustments.
A landmark ruling on long-Covid and disability
This case is one of the first employment tribunal decisions to confirm that long-Covid can meet the legal definition of disability under the Equality Act 2010. The tribunal found that the IT employee's symptoms – including severe fatigue, loss of voice, muscle pain, and loss of grip – had a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities from 27 August 2020 onwards. This is significant for the many workers suffering from persistent post-COVID symptoms, as it clarifies that they may be protected from disability discrimination.
Why the claims still failed
Despite finding that the employee was disabled, the tribunal dismissed all his claims against CGI IT UK Ltd. The key reason was that the employer did not know, and could not reasonably have been expected to know, that he was disabled at the time of the key decisions. The employee had been on sick leave and returned on a phased basis, but his diagnosis of long-Covid was only confirmed by a specialist in August 2020, and the employer was not fully aware of the extent of his condition. The tribunal also found that the employer's decision to dismiss on capability grounds was fair, as it had obtained medical reports and followed a proper process.
What this means for similar claims
This case shows that even if an employee can prove they are disabled, they still need to show that the employer knew or ought to have known about the disability at the relevant time. For employees with long-Covid, it is crucial to keep their employer informed of their condition and its impact. For employers, the case highlights the importance of seeking up-to-date medical advice and engaging with employees before making decisions. While long-Covid may be a disability, each case will turn on its own facts, and a fair process can still lead to a lawful dismissal.
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