For employers

One of the key points to remember about epilepsy is that it varies from person to person.

While some people have regular seizures, up to 70% (7 in 10) of people with epilepsy could stop having seizures (with the right medication) so their epilepsy may have little or no effect on their work. 

When employing someone with epilepsy, it is important to consider their individual situation, and base any decisions on fact. This means looking at their epilepsy and the effect it might have on their work. 

Talking to them about what their epilepsy is really like, and how it might affect their work, is more helpful than making assumptions about how it affects them. 

What might be useful to consider?

About their epilepsy

• What type of epilepsy do they have?
• Do they have seizures? 
• What are their seizures like, how often do they happen, and how do they affect them?
• Do they have any warning before a seizure (sometimes  called an aura)?
• Do they lose consciousness and how does this affect them? 
• Do they need an ambulance to be called and is there someone who can do this for them?
• How long do they need to recover from a seizure? Some people can return to work quickly and others may need more time.
• Are their seizures brought on by anything, such as tiredness or stress (below)? 
• Do they take medication to control their seizures and how does this affect them (they may feel tired or find it hard to concentrate)?

About the job

• Does the job involve any equipment, working at heights or near water, or any other potentially risky situation?
• Do they work alone or with other people (who could help if they had a seizure)?
• Would they be responsible for other people, such as children?

Risk assessments

Under the Health and Safety at Work Act, employers have to make sure that all their employees are safe at work (see above). 

To be able to do this, you need to know about your employees’ disabilities or medical conditions, and assess any possible risks by doing a ‘risk assessment’.

The Health and Safety Executive (HSE) say it is important that risk assessments:

• are based on the individual’s circumstances, as each situation and each workplace is different;
• include only factual information; and
• avoid assumptions. For example, do not assume something is going to happen just because they have epilepsy. 

For some people in certain jobs, their epilepsy may pose a risk to their health or safety, or to that of other people. However, health and safety law should never be used as a reason not to employ someone without first looking at any risks individually, and considering reasonable adjustments. 

You may need to get medical advice or ask a specialist, such as a health and safety expert, to help with a risk assessment. This can also help to identify reasonable adjustments (see below).

What does the equality act mean for me?

The Equality Act 2010 covers all areas of employment from recruitment and selection to training, development and promotion. 

Asking health-related questions

Under the Equality Act 2010, employers are not allowed to ask questions about an applicant’s health in any written form or in an interview, until the applicant has been offered a job, or placed in a pool of successful candidates to be offered a job.

An exception to this is where you can ask applicants health-related questions in relation to he recruitment process. For example, you can ask whether applicants have any specific requirements to enable them to attend an interview. 

Recruitment

The Equality Act means that you need to consider a person with a disability fairly, along with all other applicants, for a job. It does not stop you employing the best person for the job and it does not mean that you have to employ someone with a disability because of their disability, if they are not the best person for the job.

Job adverts should only ask for skills and qualifications that are genuinely relevant and don’t put people with disabilities at a disadvantage. For example, only ask for a driving licence if it is a requirement of the job. If a skill or qualification is needed for the job, it is not discrimination to ask for it.

Application forms should be available in a variety of formats (for example online and printed copies). Job contracts should be the same, in terms of leave and sick pay, for everyone applying for the job.

Interviews

When choosing applicants to interview, the key thing to consider is whether they have the qualifications, skills and experience for the job. If an applicant has told you that they have epilepsy, it is helpful to think “are they right for the job and is their epilepsy relevant?”

For some jobs you might need to do a risk assessment or consider what reasonable adjustments you could put in place for any employee, before you recruit. An occupational health team may be able to advise you about risk assessments. 

When a job has been offered

Once a job has been offered, you can ask questions about a disability if that will help you make any necessary adjustments.

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

Information updated: April 2024