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Employment Tribunal Case: Sullivan v Isle of Wight Council — Protection for Long COVID Symptoms

A significant Employment Tribunal case, Sullivan v Isle of Wight Council, has provided useful clarification for employers managing long-term health conditions and disability discrimination risk.

Case overview

The claimant argued that long COVID symptoms amounted to a disability under the Equality Act 2010. While the Tribunal initially found the condition did not meet the statutory definition in this case, the judgment confirmed that long COVID can qualify as a disability depending on severity and duration.

Key lessons for employers

This case highlights:

✅ Long COVID must be assessed case-by-case
✅ Employers must avoid assumptions about fluctuating conditions
✅ Occupational Health input is critical
✅ Reasonable adjustments may still be required even where disability status is unclear
✅ Absence management decisions must be proportionate

HR best-practice guidance

Employers should:

• Conduct individual medical assessments

• Seek Occupational Health advice

• Consider flexible working adjustments

• Review capability processes carefully

• Maintain supportive absence management

Matthew Chilcott comment

“This case reinforces the importance of individual assessment when managing health-related absences. Employers who adopt a supportive and evidence-led approach significantly reduce discrimination and tribunal risk.”