Because of the equality laws, nearly all jobs are open to people with epilepsy. Employers should always consider you on an individual basis when you apply for a job. This includes deciding if your qualifications, skills and experience match that job.
Risk assessments
If your employer or future employer knows about your epilepsy, they should always do a risk assessment. This is to identify any possible safety risks to you, or other people in the workplace, because of your epilepsy.
Your employer can use the information from a risk assessment to make [reasonable adjustments ] in the workplace to make it safer.
Epilepsy affects everybody in different ways and everybody’s job is different. So, when somebody does a risk assessment for you, they should look at your epilepsy and your job.
When an employer is doing a risk assessment with you, it is good practice for them to ask an occupational health professional to help with doing it. They don’t have to follow the recommendations, but if they don’t, they need to have a good reason.
Results of a risk assessment
A risk assessment may identify that your epilepsy would have very little, if any, impact on your job. For example, your seizures may be well controlled. Or you may work in a place where there would be little danger if you had a seizure, such as an office. So, your employer may not need to make any reasonable adjustments to make the workplace safer for you.
I had a risk assessment when I was working in a call centre. We couldn’t identify any particular parts of the job that would cause a risk to me or anyone else if I had a seizure. So the employer didn’t have to make any reasonable adjustments for me.
My seizures were really well controlled at the time of my risk assessment. I hadn’t had any for over 18 months, and I was holding a valid driving licence.
My employer agreed that if the DVLA considered it was safe for me to drive a car, there was a reasonable argument that I would be safe in most work environments.
So I didn’t need any adjustments making for me.
Sometimes, the information from a risk assessment will identify some reasonable adjustments that your employer can make to help you. Here are some examples.
?? During my risk assessment, I told my boss about my poor memory, and I was concerned I would forget to do things.
So now, she always writes instructions down for me, as well as talking to me about them.
I was working in a factory that operated 24 hours a day. Most employees worked a shift system. My risk assessment identified that disrupted sleep patterns could trigger my seizures. So, my employer allowed me to always just work the day shift. This was good, but I did earn less than other people, as I didn’t qualify to get paid a shift allowance.
If the risk assessment shows that there is only part of the job that would not be safe for you, the employer can stop you from just doing that part.
If you get better seizure control in the future, you could ask your employer to do a new risk assessment for you.
Sometimes, a risk assessment may show that there is nothing that can be done to make a job safe or legal for you. If this happens, and there is no suitable alternative work available, your employer may be allowed to end your employment.
When I was having uncontrolled tonic-clonic seizures, there was no point in applying for a job as a lifeguard at the local swimming pool.
When I was diagnosed with epilepsy, I was working as a delivery driver. I lost my driving licence and, with it, my job.
If you are already in employment, give answers for the job you do.
If you are considering starting or retuning to employment, give answers for a job that you are likely to apply for.
Are there any areas of your job that could be dangerous, if you had a seizure?
Are there any parts of the job that you are concerned about?
Can you make any suggestions for reasonable adjustments that your employer could make to help you?
Test your knowledge
1. In the box below, use your own words to describe the message of the Equality Act
Click to see our answer
Everyone has the right to be treated fairly at work or when using services.
2. What duties does the Equality Act place on employers?
a. To treat people with epilepsy fairly [Answer: True]
b. To protect employees from bullying or harassment related to their epilepsy [Answer: True]
c. To make reasonable adjustments to help people with epilepsy into, or to stay in, work [Answer: True]
d. To do whatever it takes to make it possible for someone to stay in work, despite your epilepsy [Answer: False – Employers have to make adjustments that are reasonable. They are not expected to make adjustments that are unreasonable]
3. Which of the following are examples of discrimination? (Tick all that apply) [Answer: all of them]
o An employer will only employ people who hold a valid driving licence, even though driving is not an essential part of the job.
o Your employer will not let you attend a conference, because you have epilepsy. They let your colleague, who doesn’t have epilepsy go
o You are not invited to the office Christmas party, because you supported a colleague when they complained about discrimination at work.
o Your employer refuses to send you on a training course, because you have epilepsy. They think that if you have a seizure it will disrupt lessons and reflect badly on his company.
4. If you were bullied at work because of your epilepsy, who would be held responsible for this?
a. The people bullying you
b. Your line manager
c. Your employer
8. To be considered to have a disability under the Equality Act, you should have a physical or mental impairment that has lasted, or is likely to last, for at least how many months?
a. 6
b. 12
c. 24