A teacher who was dismissed for taking extended sick leave due to long Covid has won over £42,000 in a disability discrimination case, shedding light on workplace rights for employees suffering from post-viral conditions.
School ‘actively looking’ to dismiss teacher
Joanna White, who worked at Dorothy Stringer School in Brighton, took her case to an employment tribunal after she was dismissed for prolonged absences related to long Covid. The tribunal ruled that the school had breached its policies and had actively sought to terminate her employment prematurely.
The panel heard that Ms White’s deputy headteacher allegedly dismissed her health concerns, reportedly telling her that she “just had to get on with it.” The tribunal found that the school disregarded its own procedures in dealing with her case, ultimately ruling in favour of Ms White and awarding her £42,118.50 in compensation for disability discrimination.
Ms White’s battle with long Covid
Ms White, who had been a teacher at the school since 2007, already suffered from an autoimmune condition before the pandemic. In November 2020, she contracted Covid-19 and was absent from work until January 2021.
Despite repeated concerns about her deteriorating health, the school issued a formal warning over her absences in early 2020. Her symptoms worsened, leading to multiple extended sick leaves between 2021 and 2022. During this time, the school gave her two further warnings about her attendance, despite an occupational health assessment report stating that she would be unlikely to manage a full timetable without significant adjustments.
Dismissal deemed ‘unreasonable and discriminatory’
In September 2022, Ms White suffered a head injury and was signed off work again. While on leave, she was called into another meeting and warned that her job was at risk. Shortly after, the school concluded that she was unfit to continue teaching and dismissed her on the grounds of capability.
Employment Judge Adam Leith ruled that the school’s actions were unjust and discriminatory, stating:
“Departing from [school policy] in a way which shortcut the process, in and of itself, gave rise to the inference that the school was actively looking to bring Ms White’s employment to an end as expediently as possible.”
The tribunal determined that the school had failed to accommodate Ms White’s disability and unfairly dismissed her, violating the Equality Act 2010.
Long Covid and employment rights
Ms White’s case highlights the challenges faced by employees with long Covid and other chronic illnesses in the workplace. Long Covid is now recognised as a disability under UK employment law, meaning affected workers are entitled to reasonable adjustments and protection from discrimination.
Employment experts stress the importance of adhering to workplace policies when handling long-term illness cases. Employers must follow proper procedures and consider adjustments to workloads before resorting to dismissal by understanding workers’ rights.
Following her tribunal victory, Ms White has decided to leave the teaching profession entirely, stating that her trust in the school system has been “irreparably broken.”
The Workers Union says…
“This ruling is a significant step in recognising long Covid as a serious workplace disability. Employers must ensure fair treatment for affected employees, respecting medical advice and legal obligations. This case serves as a crucial reminder that policies must be followed to protect workers from discrimination.”
