This unprecedented decision by a Scottish employment tribunal, following an unfair dismissal claim lodged by an employee, is something companies should keep an eye on, not least since until this point the government had been recommending employers not to consider long Covid as a disability and instead to operate on a case-by-case basis. With this latest employment tribunal decision, the complainant employee will be able to progress his claim and sue his employer for wrongful dismissal.
Terence Burke, a caretaker at a Scottish charity was dismissed in August 2021. He had been working at the charity since April 2001 but was unable to return to work for 9 months after having contracted Covid in November 2020. Mr. Burke ,the age of whom was not given, initially suffered ‘mild’ Covid resembling flu. However following this initial period, symptoms of severe fatigue set in, accompanied by headaches, aches and pains, and drowsiness, rendering him unable to go to work. During this per
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