“Fatigue affected him badly until about January 2022, and that could” hold him back, “sleep remains disturbed, and there may be bouts of joint pain.
“He gave a similar story in August 2021 about the symptoms and described that he had to sit and rest and / or fall asleep” and that his legs and body ached during a short walk.
“This affected his ability to continue with household chores, to shop and his concentration to a degree more than insignificant or trivial.
“I believe that the relevant tests have been carried out to meet the definition of disability.”
The decision could lead to a “significant increase” in claims
Martin Luff, an employment specialist at Vinson and Elkins, told The Telegraph: “The decision could have the potential effect of a snowball, which could lead to a significant increase in the number of claims.
He added that it seemed “very significant” and said that as the pandemic continued, “the number of people affected by prolonged Covid will only increase”.
Nick Le Riche, a partner at BDP Pitmans, predicts that the decision will be “read by employees who suffer in a similar way”.
Mr Burke will now make allegations of unfair dismissal, disability discrimination, age discrimination and non-payment of payments in the absence of a final court hearing.
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