Employers

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% of people with epilepsy 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 situation individually and realistically, 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 does the DDA mean for me?

The Disability Discrimination Act - DDA - covers all areas of employment from recruitment and selection to training, development and promotion.

Reasonable adjustments

Under the DDA you are required to make ‘reasonable adjustments’ so that a person with a disability is not at a disadvantage compared to someone without a disability.

Not everyone with epilepsy will need adjustments and any that are needed will vary depending on the person’s needs. Adjustments might include making their workspace safer if they have a seizure, giving part of their job to another person, or giving them time off for medical appointments.

You may need to make adjustments when employing someone with epilepsy or if someone develops epilepsy while they are employed by you. It is also worth remembering that some people’s epilepsy can change over time, for example if their seizures become controlled (stop happening), so the need for reasonable adjustments may change.

Recruitment

The DDA 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 from employing the best person for the job and it doesn’t mean that you have to employ someone with a  disability because of their disability, if they are not the best person for the job.

Here are some points you could consider when recruiting for a 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. They should only include questions about a disability if it is relevant to the job.

Health forms are used to see if there is a genuine reason why someone with a disability can’t do a job. It is good practice to keep these forms confidential, and for personnel or occupational health staff to deal with them, so that they are not seen by the people selecting for interviews. This means that they don’t influence the selection process and are only considered when someone has been offered the job.

At the interview, only ask questions about someone’s disability if it is relevant to the job, or it helps you to consider reasonable adjustments for them. If you ask questions that are not relevant to the job, or you use this information as a reason for refusing to employ them, this could be discriminatory.

Job contracts should be the same in terms of leave and sick pay for everyone applying for the job.

Interviews

When choosing people to interview for a job, the first thing to consider is whether they have the qualifications, skills and experience for the job. If they have a disability, it is helpful to think “is this person right for the job and is their disability relevant?” If you feel that someone’s epilepsy may affect their job, you might want to ask them about their epilepsy. You can ask someone questions about their disability if it is directly relevant to the job. In some cases you might need to do a risk assessment.

Here are some suggestions of what you might need to know 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 the person?

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?

Do they take medication to control their seizures and how does this affect them they may feel tired or find it hard to  concentrate.

The type of 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? Adjustments that may be helpful

Would changing their working hours to avoid disrupted sleep help if their seizures are triggered by tiredness?

Would any special equipment help them to do their job?

Would it be safer if they worked alongside other people in case they needed help during a seizure? These questions might help you, together with your employee, to make realistic decisions about their job. An occupational health team may be able to advise you about risk assessments, although the final choice of whether to employ them is yours.

Other considerations

Seizure triggers

Some people know that particular situations ‘trigger’, or bring on, their seizures. These can include being tired, stressed or anxious. If someone’s seizures are triggered by tiredness, shift work could make them more tired and trigger seizures. If they have seizures when they are asleep, they may find that shift work disturbs their normal pattern of sleep. A reasonable adjustment may be to consider changing or reducing shift work, or changing working hours for this person.

Working with computers

For most people with epilepsy, working with computers is not a problem. Up to 5% of people with epilepsy have photosensitive epilepsy: where seizures are triggered by flashing or flickering lights, or by moving patterns and shapes. Many modern computer screens, including liquid crystal displays, do not trigger seizures. It may be helpful to discuss this with the person directly.

Time off work

If someone’s epilepsy is controlled (they don’t have seizures) they are unlikely to need more time off work than other employees. But epilepsy is very individual: time off work might depend on the type of seizures they have and the time they need to recover. Time off work because of a disability, for example, to attend a medical appointment or to recover from a seizure, is considered a reasonable adjustment. It is usually recorded separately to time off for other reasons, for example, sick leave for a cold.

Insurance and pension schemes

Employers’ Liability Insurance covers everyone in the workplace. This is as long as you know about any disabilities your employees have. If you are not aware of a disability you cannot make adjustments for it. All employees can have occupational pension schemes because all occupational pension schemes have to comply with a ‘non-discrimination rule’. Contact the Pensions Advisory Service for more information on 0845 601 2923 or www.pensionsadvisoryservice.org.uk

Help and advice for employers

The following organisations can provide information and advice on employing people with disabilities and the DDA.

Advisory, Conciliation and Arbitration Service - Advice for employers and employees: www.acas.org.uk

Citizens Advice Bureau - Local CABs offer free confidential, impartial and independent advice: www.adviceguide.org.uk

Disability Law Service - A national charity which provides free legal advice about the DDA and employment: www.dls.org.uk

Employers’ Forum on Disability: www.employers-forum.co.uk

Equality and Human Rights Commission - Information on discrimination including disability discrimination and the DDA: www.equalityhumanrights.com

Health and Safety Executive - Gives guidance on health and safety legislation: www.hse.gov.uk

Jobcentre Plus - Provides information on training and employment. Disability Employment Advisers can provide support for people with disabilities. They have details of Access to Work teams: www.jobcentreplus.gov.uk

The Pensions Advisory Service (TPAS) - Independent organisation providing information on pension schemes
www.pensionsadvisoryservice.org.uk

© The National Society for Epilepsy
Information produced in August 2008