Judge rules forklift truck driver's rare Long Covid symptom is a disability

[Mij]

Mr Thompson was dismissed from his job in May 2023 and in July he was diagnosed as having a functional neurological disorder resulting from Long Covid. He then launched an employment tribunal claim for disability discrimination.

Employment Judge Humble has now ruled that Mr Thompson's condition is a disability and therefore he can proceed with his claim for discrimination. A final hearing is due to be held from October 22 to October 24.

"Further, it was a long-term condition. Even if the substantial adverse effect had not lasted as long as twelve months by early 2023, it was likely to do so given that it was a deteriorating condition which was still awaiting further assessment. The tribunal therefore find that the claimant was disabled on 17th May 2023, which is the material time for the purposes of the claim."

LINK

 

[Hutan]

Interesting, thanks Mij.

The judge said: "The tribunal held, on the balance of probabilities, that the claimant had the impairment of a functional neurological disorder resulting from Long Covid which caused an impairment to his left leg and that it had a substantial adverse effect (being more than minor or trivial) on his day to day activities by May 2023.

Notable that having Long Covid was said by the judge to have given rise to a functional neurological disorder. That's slightly weird - I would have thought the hypothesis would be for FND to be the result of Covid-19. Long Covid (the persistent symptoms) essentially constitutes the FND. But, in any case, it's more evidence that people with Long Covid are being diagnosed with FND.

Also notable that being labelled with a 'functional neurological disorder' does not seem to have stopped this man from being classified as 'disabled by a long-term condition' at that particular time. I wonder how much bearing the finding that the condition 'was still awaiting further assessment' had. If he had been quickly assessed when the condition arose and had been told that he could think his way out of his symptoms by a consultant, and then was still claiming to be disabled, I wonder what the outcome would have been.

Perhaps the arguments that FND is treatable and any ongoing disability is due to a lack of compliance with the treatment might have been wheeled out. But, those arguments are very weak and don't seem to be getting stronger.

 

[NelliePledge]

Presumably to be diagnosed FND there was involvement from Neurology specialists who will have written some statement about him.

 

[Eleanor]

Notable that having Long Covid was said by the judge to have given rise to a functional neurological disorder. That's slightly weird - I would have thought the hypothesis would be for FND to be the result of Covid-19. Long Covid (the persistent symptoms) essentially constitutes the FND.

The neurologist who tried to pin FND on me made a similar distinction - he was happy to agree that I'd initially had Long Covid, i.e. some lingering symptoms after acute infection, but that this had now "transitioned" into FND because I was traumatised by the illness so I was imagining myself still to be ill. I did explain to him that I hadn't experienced any trauma, but sadly he seemed to develop Functional Deafness Disorder every time I spoke.

 

[rvallee]

The neurologist who tried to pin FND on me made a similar distinction - he was happy to agree that I'd initially had Long Covid, i.e. some lingering symptoms after acute infection, but that this had now "transitioned" into FND because I was traumatised by the illness so I was imagining myself still to be ill. I did explain to him that I hadn't experienced any trauma, but sadly he seemed to develop Functional Deafness Disorder every time I spoke.

I hope something like this doesn't happen to me because there's almost zero chance I wouldn't just call them stupid for believing in bullshit like this. Which I assume would leave some note on my record about being unpleasant and non-compliant. Although also maybe jovial, since I'd probably laugh and point at them a lot, probably make a few too many air jerking motions. I'd try to make sure that that I laughed at them makes it into the notes. For accuracy's sake.

At least try to make some damn sense. When someone talks about stuff like this I pretty much only hear squeaky fart noises.