Employment law

Two important laws that apply to employment are the Health and Safety at Work Act 1974 and the Equality Act 2010.

Health and safety law

The Health and Safety at Work Act 1974 says that employers are responsible for making sure that all their employees are safe at work and protected from possible dangers to their health. This includes making sure that the job and the work environment is safe and has no health risks. 

It is an employer’s duty “to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees”. 
    Health and Safety at Work Act 1974

Employees are also responsible for their own safety at work, and the safety of their work colleagues.

Equality law

The Equality Act 2010 came into effect in October 2010. It replaced nine previous laws and aims to protect people against discrimination.

What is a disability?

Someone has a disability if they have “a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities”.         Equality Act 2010

Here, ‘substantial’ means it is difficult or time-consuming to do activities compared to someone without a disability, and ‘long-term’ means at least 12 months. ‘Day-to-day activities’ include being able to get around, hear, see, remember, and concentrate. 

Epilepsy is a physical, long-term condition and people with epilepsy are protected under the Equality Act even if their seizures are controlled, or they don’t consider themselves to be ‘disabled’. 

Types of disability discrimination

The Equality Act protects people from several different types of disability discrimination, in terms of employment. Volunteer (unpaid) work is not usually covered by the Equality Act 2010. 

Direct discrimination

It is illegal for an employer to treat someone with a disability differently from someone without a disability, without a justifiable reason. Direct discrimination includes perceived discrimination and associative discrimination. 

Perceived discrimination is where someone is treated unfairly because it is assumed that they have a disability, and that this affects their ability to carry out day-to-day activities. For example, making an assumption without any basis that a person’s epilepsy will mean they can’t do a job as well as someone without epilepsy. 

Associative discrimination is where someone is treated unfairly because they are connected to someone else with a disability. For example, not promoting someone just because they have a child with a disability.

Harassment is being treated differently because of a disability, in a way that is humiliating or offensive and can’t be justified.

Indirect discrimination

This is treating everyone the same but in a way that puts someone  with a disability at a disadvantage. For example, a rule that ‘everyone must use the stairs’ is unfair for people who use wheelchairs. To treat all employees equally, employers may need to treat someone with a disability differently from someone without a disability.

Discrimination arising from disability

This is treating someone unfavourably without justification because of something connected with their disability. For example, giving someone a warning about time off when that time off is due to their disability or their seizures. 

Failure to make reasonable adjustments

Reasonable adjustments are changes that employers are expected to make so that a person with a disability is not put at a disadvantage. For example, time off work for medical appointments could be recorded separately from sick leave. 

If an employer refuses to make reasonable adjustments without a justifiable reason, their employee is at a disadvantage. See below for more about reasonable adjustments in employment.

Victimisation

This is treating someone unfairly because they have complained about any type of discrimination. This can be complaining on their own behalf or for someone else.

Epilepsy Society is grateful to Emily Peoples, HR Business Partner, Epilepsy Society, who reviewed this information.

Information updated: April 2024