Employment tribunal report Terence Burke and Turning Point Scotland (5 April 2022)

Summary

This is the report of an employment tribunal concerning claimant Terence Burke, who was employed as a caretaker for the charity Turning Point Scotland. The tribunal ruled that Mr Burke was a disabled person within the meaning of s6 of the Equality Act 2010, and therefore unfairly dismissed by Turning Point Scotland in August 2021. The tribunal found that Mr Burke was disabled as he was suffering from Long Covid. This is the first case of Long Covid being classed as a disability in an employment tribunal and the ruling is likely to have implications on future cases concerning employees with Long Covid.