Work and epilepsy

epilepsy.org.uk
Epilepsy Helpline: 0808 800 5050
Epilepsy Action aims to improve the quality of life and promote
the interests of people living with epilepsy.

Our work...
• We provide information to anyone with an interest in epilepsy
• We improve the understanding of epilepsy in schools and
raise educational standards
• We work to give people with epilepsy a fair chance of finding
and keeping a job
• We raise standards of care through contact with doctors,
nurses, social workers, government and other organisations
• We promote equality of access to quality care

Epilepsy Action has local branches in most parts of the UK. Each
branch offers support to local people and raises money to help
ensure our work can continue.

Your support
We hope you find this booklet helpful. As a charity, we rely on
donations to provide our advice and information. If you would
like to make a donation, here are some ways you can do this.

• V isit epilepsy.org.uk/donate
• Text ACT NOW to 70700 (This will cost you £5 plus your
usual cost of sending a text. Epilepsy Action will receive £5.)
• Send a cheque payable to Epilepsy Action.

Did you know you can also become a member of Epilepsy

Action from as little as £1 a month? To find out more, visit
epilepsy.org.uk/join or call 0113 210 8800.

2 Work and epilepsy

Contents
Epilepsy, employment and the law 5
Looking for work 12
Telling people about your epilepsy 15
Risk assessments 20
Staying in work 24
Sources of further advice and information 27

Work and epilepsy 3

4 Work and epilepsy
Introduction
This information is about looking for and staying in work if you
have epilepsy. There is also information about your rights if
things at work become difficult because of your epilepsy.

Epilepsy, employment and the law

Laws that can help you in the workplace because
you have epilepsy
If you have epilepsy and want to work, it is important to know
about the equality laws. If you live in England, Scotland and
Wales, you are covered by the Equality Act. If you live in
Northern Ireland, you are covered by the Disability
Discrimination Act.

The equality laws mean that employers must not treat you
unfairly because of your epilepsy. They must protect you from
bullying or harassment related to your epilepsy from other
employees. And they must make any reasonable adjustments
they can to help you into, or to stay in, work.

The equality laws cover everything to do with work, including

the following:

• Job adverts • Training

• Application forms • Promotions
• Interviews • Dismissal
• Job offers • Redundancy
• Conditions of employment

Work and epilepsy 5

Reasonable adjustments
You may need your employer to make changes or adjustments
to help you in the workplace. The equality laws mean that your
employer has to do this, if it is reasonable for them to do so.

Here are some examples of adjustments that it may be

reasonable for an employer to make.

When you are looking for work

If you usually have seizures first thing in the morning, an
employer could arrange for you to have a job interview in
the afternoon.

When you are in work

You might need to take time off work for medical
appointments for your epilepsy. You might also have sick days
because of your epilepsy. Your employer could choose to
record and consider these separately to time you take off for
other reasons. By doing this, the time that you take off work
because of your epilepsy would not have a negative effect on
your work sickness record.

For some people, tiredness or not getting enough sleep

triggers their seizures. Some people find that rotating shift
patterns make seizures more likely. If your seizures are
triggered in this way, your employer may be able to ensure
you work regular shifts.

6 Work and epilepsy

Sometimes, an employer might have to pay for reasonable
adjustments to be made to help you. They must not ask you to
pay towards this.

If your employer doesn’t make reasonable adjustments to help

you, this could be illegal. But sometimes it might not be possible
to make any adjustments that would make a job safe for you if
you have uncontrolled seizures. In this case, it would be legal for
the employer to not employ you, because of your epilepsy.

Here are some examples of jobs that would be difficult to make

safe for you, if you have uncontrolled seizures:
• Working at unprotected heights (for example as a scaffolder)
• Working near open water
• Working with high voltage or open circuit electricity
• Working on or near moving vehicles
• Working with unguarded fires, ovens and hot plates

Work and epilepsy 7

Reasons why an employer may not employ you
because you have epilepsy
Employers should not use your epilepsy as a reason not to give
you a job, unless they have very good reasons.

Here are some of those possible reasons.

Health and safety

An employer can legally refuse to give you a job if your epilepsy
poses a health and safety risk to you or somebody else. For
example, if you have seizures, they could refuse to employ you in
a job where you have to climb up ladders.

Driving
An employer can refuse to give you a driving job, if you don’t hold
the right type of driving licence. For example, if you have had
seizures in the last ten years, legally you are not allowed to hold a
driving licence that allows you to drive heavy goods vehicles. So,
an employer can refuse to employ you as a lorry driver.

Armed Forces
Jobs in the Armed Forces are not covered by the equality laws.
So the Armed Forces can refuse to employ you because you
have epilepsy or a history of epilepsy.

Unreasonable adjustments
If there are no reasonable adjustments that can be made to make
a job safe for you, an employer can refuse to give you the job.

8 Work and epilepsy

Work and epilepsy 9
Things you can do if you feel you are being treated
unfairly at work
Talk to people
Talk to the people involved. This might be your colleague, your
line manager or your employer. If you’re a member of a union,
you could ask them to support you when you are talking to
them. If you’re not a member of a union, you could ask to bring a
colleague or friend with you to meetings discussing your work
situation.

Keep notes
Keep notes of any actions, or comments made, that you are
concerned about. Also, keep a note of attempts you have made
to try and sort the situation out. This can be useful information
if you later decide to take more formal action, such as raising a
grievance or getting legal advice.

10 Work and epilepsy

Know your rights
Check your contract, in particular the terms and conditions and
the grievance procedure.

If your employer wants information from your doctor, they can

only get this with your consent. They should only ask for
information that is relevant to your epilepsy.

Get legal advice

If you want to make a legal complaint about unfair treatment by
your employer, you need to seek legal advice as soon as possible.
This is because there are strict time limits for bringing cases to
Employment Tribunals and courts.

Taking legal action against someone who has treated you

unfairly at work
Taking legal action can be very expensive. Depending on your
financial circumstances and the issues involved, you may be
eligible for the Legal Aid scheme. This can cover some, or all, of
the costs.

If you decide to employ a solicitor, it is important to check at

the beginning how they will expect to be paid. You should also
check that they have a contract to provide advice and
representation through the Legal Aid scheme, if you qualify for it.

Epilepsy Action has information about organisations that can

offer help, support and advice in the UK, if you feel you are being
unfairly treated.

Work and epilepsy 11

Looking for work
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.

Sources of help and support when looking for work

The Disability Employment Adviser
A Disability Employment Adviser (DEA) can help you in your
search for a job, or to gain new skills. They can also tell you
about disability friendly employers in your area.

To have an appointment with a DEA, you need to be already

receiving certain benefits. Find out more from your local
Jobcentre Plus. You can find the phone number in the Phone
Book, or search for ‘Jobcentre Plus’ online.

12 Work and epilepsy

Two ticks adverts
When you are looking for work, look for the ‘positive about
disabled people’ symbol (with two ticks) on adverts and
application forms. The symbol shows that the employer is
committed to employing disabled people. If a job advert displays
the symbol, you will be guaranteed an interview, as long as you
meet the essential conditions for the job.

Work schemes
The Disability Employment Adviser can tell you about
programmes and grants to help you back into work. These
include the following.

Work Choice
This can help you find a job, and get support when you start
work (available in England, Scotland and Wales).

Residential training
This can give you work experience and training (available in
England, Scotland and Wales).

Access to Work
This is a grant that could provide money towards a support
worker, or for the cost of equipment, or travelling to work. It
could also provide money for disability awareness training for
your colleagues (available in England, Northern Ireland, Scotland
and Wales).

More information is available from gov.uk (for England,

Scotland or Wales) or nidirect.gov.uk (for Northern Ireland).

Work and epilepsy 13

Applying for jobs
Application forms
Employers are only allowed to ask questions about your health
or any medical conditions before they offer you a job, if they
have a good reason. For example, the employer might need to
make a reasonable adjustment for your job interview or an
assessment. Or, the employer might need to know if there are any
health and safety reasons why you could not do the essential
features of a specific job, such as climbing a ladder.

Employers should only ask you to fill in a medical questionnaire

before offering you a job, when this is really necessary.
Therefore, if an application form includes questions about your
health, and you don’t feel this is relevant, you can choose to
ignore them.

Job interviews
During an interview, an employer is only allowed to ask
questions about your health, if they are directly linked to the job
you are applying for. For example, they could ask how your
epilepsy could affect your ability to do that job safely.

If you don’t feel that your epilepsy will affect your ability to do
the job safely and effectively – for example if your seizures are
well controlled, or you only ever have seizures when you are
asleep – you don’t have to mention it.

14 Work and epilepsy

Telling people about your epilepsy
Telling your employer about your epilepsy
Once you have been offered a job, you don’t have to tell your
employer about your epilepsy. This is as long as you don’t believe
it will affect your ability to do your job safely and effectively. This
could be, for example, if your epilepsy is well controlled, or you
only ever have seizures when you are asleep.

If you don’t tell your employer about your epilepsy, and it does
affect your ability to do your job safely, your employer may be
able to dismiss you. To do this, your employer would have to
prove that:
• They have given you the opportunity to tell them how your
epilepsy could affect your job and
• You haven’t provided this information

Work and epilepsy 15

If you don’t know whether or not to tell your employer about
your epilepsy, here are some things to think about.

Reasonable adjustments
If your employer doesn’t know about your epilepsy, they
can’t make any reasonable adjustments to help you (see
page 6).

Health and Safety at Work Act

The Health and Safety at Work Act (1974) is a law that says
that all employers have to provide a safe workplace. They
must protect all their employees from any possible danger to
their health, while they are at work.

As an employee, you also have a responsibility to take

reasonable care of your own and other people’s health and
safety at work. If your epilepsy could cause a health or safety
risk to you or anybody else, you must tell your employer
about it. This is the law.

More information about the Health and Safety at Work Act

is available from the Health and Safety Executive (HSE).
Websites: hse.gov.uk (for England, Scotland or Wales);
nidirect.gov.uk (for Northern Ireland)

Employer’s insurance
Your employer’s insurance may pay you compensation if you
are injured at work, or if you become ill because of your
work. If you don’t tell your employer about your epilepsy,

16 Work and epilepsy

 you will not be fully covered by their insurance. So, you may
not receive any compensation if you have an accident related
to your epilepsy.

More information about employer’s insurance is available from

the Health and Safety Executive (HSE).

Websites: hse.gov.uk (for England, Scotland or Wales);

nidirect.gov.uk (for Northern Ireland)

When to tell your employer about your epilepsy

If you decide to tell your employer about your epilepsy, it’s
useful to do it before you start the job. This gives the employer
time to make any reasonable adjustments for you, if they are
needed. If you don’t tell your employer about your epilepsy
before you start a job, you can change your mind and tell them
at any time. As soon as your employer knows about your
epilepsy, they have to make any reasonable adjustments that
could be helpful for you.

Your employer should not tell other people about your epilepsy,
unless they have your permission. This is to comply with the
Data Protection Act. If you do agree to let work colleagues
know, you should sign a consent form. This gives your employer
permission to tell one or more named people.

Work and epilepsy 17

Telling people you work with about your epilepsy
It’s up to you if you want your colleagues to know about your
epilepsy. Bear in mind that if people know about your epilepsy,
they will usually feel more confident about helping you if you
have a seizure.

If you think it would help, you could ask your employer to

arrange some epilepsy training for your colleagues. The aim is to
increase awareness and understanding of epilepsy. Contact
Epilepsy Action for more information.

Care plans for seizures in the workplace

If there is a chance that you will have seizures at work, it is a
good idea to prepare a care plan with your employer. The
information can include what happens when you have a seizure
and how people can help you during and afterwards.

18 Work and epilepsy

The information that is collected in a risk assessment can be
very helpful when preparing your care plan (see page 20). Here
are some examples of things to include in your care plan.

If you usually recover quickly after a seizure, you might be

able to return straight to work. Or, you might just need a
quiet place to rest before returning to work. The care plan
should say where this rest should take place.

If your recovery after a seizure usually takes a long time, you

might need to go home. The care plan should say how you
will get home and who will travel with you, if necessary. This
should be in line with company policies and procedures for
anyone becoming unwell at work.

Work and epilepsy 19

Risk assessments
When your employer knows about your epilepsy, they should 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 (see page 6).

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.

20 Work and epilepsy

Here are some of the questions you may be asked during a risk
assessment:
• What type(s) of seizure do you have?
• What sorts of things can trigger a seizure?
• How often do you have seizures?
• How long do your seizures usually last?
• What usually happens when you have a seizure?
• How long does it usually take you to recover from a seizure?
• What time of day do you usually have seizures?
• Do you get a warning – also known as an ‘aura’ – before you
have a seizure?
• Are there any areas of your job that could be dangerous, if
you had a seizure?
• Is there any part of the job that you are concerned about?

It is good practice for your employer to ask an occupational

health professional to help with doing a risk assessment. Your
employer doesn’t have to follow any recommendations that they
make. But if they don’t, they need to have a good reason, or this
could be seen as discrimination.

Epilepsy Action has information about organisations that do risk

assessments.

Work and epilepsy 21

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.

Sometimes, the information from a risk assessment will identify

some reasonable adjustments that your employer can make to
help you. Here are some examples.

Making your job safer

If your seizures can happen at any time, it would be
dangerous to work near the hot stoves in a kitchen. Your
employer may decide that it would be safer for you to work
away from the stoves.

Reducing your risk of seizures

You may only ever have seizures at night. If your workplace
normally operates over 24 hours, your employer may be
willing to allow you to only do day shifts.

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.

22 Work and epilepsy

Sometimes, a risk assessment may show that there is nothing
that can be done to make a job safe for you. If this happens, and
there is no suitable alternative work available, your employer
may be allowed to end your employment. This would be for
health and safety reasons.

If you are seizure free

If your employer thinks there are risks involved with your
employment, but you are legally allowed to drive a car, it may be
worth explaining the driving rules to them. If the driving agencies
consider you would be safe to drive a car, there is a reasonable
argument that you would be safe in most work environments.

Work and epilepsy 23

Staying in work
If you are having problems at work because of your epilepsy
here are some things you could do that could help.

Talk to your employers

Keep your employer informed of any changes to your health
which could have an effect on your work. Make a note of these
conversations and of any changes to your working conditions that
are made as a result. This would be useful if your work situation
became really difficult and you needed to raise a grievance.

If your epilepsy has changed, you could ask your employer to

arrange for you to have a new risk assessment done. If you are
off sick because of your epilepsy, keep your employers up-to-
date with your situation.

24 Work and epilepsy

Try to take control of your seizures
If having seizures could affect your work, it makes sense to aim
for the best seizure control you can. Here are some things you
can do to try and achieve this.
• Take your epilepsy medicine as prescribed by your doctor
• Go to all your medical appointments to do with your epilepsy
• Talk to your doctor about any changes in your epilepsy, or
anything else that you are concerned about
• Recognise and avoid things that make your seizures more
likely
• Keep a diary of your seizures

Other health issues at work

Memory problems, stress, and depression can sometimes be
extra problems a person with epilepsy has to deal with. Any of
these things can also have an effect on seizure control. And all of
these things can have an impact on your work. Here are a few
suggestions for dealing with these.
• See your doctor who will be able to talk to you about ways to
manage stress or depression
• Make sure you are as informed as possible about epilepsy by
visiting epilepsy.org.uk/info
• Visit our online interactive e-learning site at
learn.epilepsy.org.uk
• Contact the Epilepsy Helpline
• Find out what’s happening locally by visiting
epilepsy.org.uk/near-me

Work and epilepsy 25

Getting to work
Access to Work
If you can’t drive because of your epilepsy, you might be able to
get help with the additional costs of travel to and from work,
and also travelling while at work.

More information about Access to Work is available from gov.uk

Websites: gov.uk/access-to-work (for England, Scotland or
Wales); nidirect.gov.uk (for Northern Ireland).

Bus and rail fares

You can get help with bus and rail fares if you are not allowed to
drive because of your epilepsy. Contact Epilepsy Action for
more information.

26 Work and epilepsy

Sources of further advice and
information
Equality Advisory and Support Service (EASS) (England,
Scotland and Wales)
The Equality Advisory Support service gives free advice,
information and guidance to individuals on equality,
discrimination and human rights issues.
Tel: 0808 800 0082
Website: equalityadvisoryservice.com

Equality and Human Rights Commission (England,

Scotland and Wales)
The Equality and Human Rights Commission provides advice and
guidance on rights, responsibilities and good practice, based on
equality law and human rights.
Website: equalityhumanrights.com

The Equality Commission (Northern Ireland)

The Equality Commission provides advice and information about
the Disability Discrimination Act in Northern Ireland.
Tel: 028 90 500 600
Website: equalityni.org

Law Centres (England, Scotland and Wales)

Law Centres provide free legal advice and representation to
disadvantaged people.
Tel: See your local Phone Book
Website: lawcentres.org.uk

Work and epilepsy 27

ACAS (Advisory, Conciliation and Arbitration Service)
(England, Scotland and Wales)
ACAS aims to improve organisations and working life through
better employment relations. They offer free advice about
employment rights.
Tel: 0845 747 4747
Website: acas.org.uk

Disability Law Services

Disability Law Services offer advice and information about
employment law to disabled people.
Tel: 020 7791 9800
Website: dls.org.uk

Jobcentre Plus
Tel: See your local Phone Book
Website: direct.gov.uk (search for Jobcentre Plus)

The Health and Safety Executive (HSE)

HSE can provide general information and guidance for
employers about work-related health and safety issues. They
also offer a free leaflet Five steps to risk assessment, which aims to
help employers do their own risk assessments. This can be
downloaded from their website. There is also a specific section
about employing disabled people on the HSE website.
Website: hse.gov.uk

28 Work and epilepsy

About this publication
This booklet is written by Epilepsy Action’s advice and
information team, with guidance and input from people living
with epilepsy, and medical experts. If you would like to know
where our information is from, or there is anything you would
like to say about this booklet, please contact us.

Epilepsy Action makes every effort to ensure the accuracy of

information in its publications, but cannot be held liable for any
actions taken based on this information.

Date: December 2013

Due for review: December 2016
Code: B135.03

Our thanks
Epilepsy Action would like to thank Professor Sayeed Khan,
Specialist in Occupational Medicine, Chief Medical Adviser to
EEF, the manufacturers’ organisation; and Judith Hogarth,
Solicitor, Excello Law, for their contribution.

Work and epilepsy 29

First aid for tonic-clonic seizures
The person goes stiff, loses consciousness and falls to the floor.

Do...
• Protect the person from injury (remove harmful objects from nearby)
• Cushion their head
• Aid breathing by gently placing the person in the recovery position
when the seizure has finished (see the pictures)
• Stay with them until recovery is complete
• Be calmly reassuring

2
1

Don’t...
• Restrain the person’s movements 3
• Put anything in their mouth
• Try to move them unless they are in danger
• Give them anything to eat or drink until they are fully recovered
• Attempt to bring them round

Call 999 for an ambulance if...

• You know it is the person’s first seizure
• The seizure continues for more than five minutes
• One seizure follows another without the person regaining
consciousness between seizures
• The person is injured
• You believe the person needs urgent medical attention
30
First aid for focal (partial) seizures
The person is not aware of their surroundings or of what they are doing.
They may pluck at their clothes, smack their lips, swallow repeatedly or
wander around.

Do...
• Guide the person away from danger
• Stay with the person until recovery is complete
• Be calmly reassuring
• Explain anything that they may have missed

Don’t...
• Restrain the person
• Act in a way that could frighten them, such as making abrupt
movements or shouting at them
• Assume the person is aware of what is happening, or what has
happened
• Give them anything to eat or drink until they are fully recovered
• Attempt to bring them round

Call 999 for an ambulance if...

• You know it is the person’s first seizure
• The seizure continues for more than five minutes
• The person is injured
• You believe the person needs urgent medical attention

31
Further information
If you have any questions about epilepsy, please contact the
Epilepsy Helpline.

Epilepsy Action has a wide range of publications about many

different aspects of epilepsy. Information is available in the
following formats: booklets, e-books, fact sheets, posters, books
and DVDs.

Information is also available in large text.

Please contact Epilepsy Action to request your free information
catalogue. Or download a copy at epilepsy.org.uk/catalogue

Epilepsy Action’s support services

Local meetings: a number of local branches offer support
across England, Northern Ireland and Wales.

forum4e: our online community is for people with epilepsy and

carers of people with epilepsy. For people aged 16 years or over.
Join at forum.epilepsy.org.uk

Epilepsy awareness: Epilepsy Action has a number of trained

volunteers who deliver epilepsy awareness sessions to any
organisation that would like to learn more about epilepsy. The
volunteers are able to offer a comprehensive introduction to
epilepsy to a range of audiences.

If you would like more information about any of these services,

please contact Epilepsy Action. Contact details are at the back of
this booklet.

32 Work and epilepsy

 B135.03

Work and epilepsy

We would like to know if this booklet has been helpful to you.

As a result of reading the information, please let us know if you agree

with any of the following statements. Tick any boxes that apply to you.

I feel more informed about issues surrounding epilepsy.

I feel more confident about talking to my GP/epilepsy specialist/
epilepsy nurse.
I feel more confident about talking about my epilepsy with other
people.
I have talked to my employer/colleague/teacher/family and they
have improved how well they support me.
I have used other Epilepsy Action services, such as the website, the
Epilepsy Helpline, support groups or online community (forum4e).
I have used other support services mentioned in the booklet, and
found them helpful.

Please tell us how you think we can improve this information

Please return the completed form to:

Epilepsy Services, Epilepsy Action, FREEPOST LS0995, Leeds LS19 7YY

If you would prefer to tell us over the telephone, please contact the
Epilepsy Helpline, freephone 0808 800 5050.

Thank you!

Work and epilepsy 33

Epilepsy Action
FREEPOST LS0995
LEEDS
LS19 7YY
Registered charity in England (No. 234343)
How to contact the Epilepsy Helpline
Telephone the Epilepsy Helpline freephone 0808 800 5050
Monday to Thursday 9.00 am to 4.30 pm
Friday 9.00 am to 4.00 pm
Our helpline staff are Text Relay trained

Write to us free of charge at

FREEPOST LS0995, Leeds LS19 7YY
Email us at helpline@epilepsy.org.uk or visit our website: 
epilepsy.org.uk Text your enquiry to 0753 741 0044
Send a Tweet to @epilepsyadvice

About the Epilepsy Helpline

The helpline is able to offer advice and information in 150 languages.

We provide confidential advice and information to anyone living

with epilepsy but we will not tell them what to do. We can give
general medical information but cannot offer a medical diagnosis
or suggest treatment. We can give general information on legal
and welfare benefit issues specifically related to epilepsy. We
cannot, however, take up people’s cases on their behalf.

Our staff are trained advisers with an extensive knowledge of

epilepsy related issues. Where we cannot help directly, we will
do our best to provide contact details of another service or
organisation better able to help with the query. In doing this,
Epilepsy Action is not making a recommendation.

We welcome comments, both positive and negative, about our

services.

To ensure the quality of our services we may monitor calls to

the helpline.

Work and epilepsy 35

 B135.03

Epilepsy Helpline:
freephone 0808 800 5050
epilepsy.org.uk

© Copyright Epilepsy Action 2013

Epilepsy Action
New Anstey House, Gate Way Drive, Yeadon, Leeds LS19 7XY
tel 0113 210 8800 email epilepsy@epilepsy.org.uk
Epilepsy Action is a working name of British Epilepsy Association.
A company limited by guarantee (registered in England No. 797997)
Registered charity in England (No. 234343)

Date: December 2013; Due for review: December 2016

Environmental statement
All Epilepsy Action booklets are printed on environmentally friendly, low-chlorine bleached paper.
All paper used to make this booklet is from well-managed forests.