Monday 28 January 2008

Q. One of my employees has epilepsy and often works alone in the community. Should I stop her from working on her own?

A. People who have epilepsy are generally able to perform duties as a lone worker, but this is dependent on the work they do, the environment they perform in, and the abilities of the individual. An employer must look at the risks involved for an employee who has epilepsy by carrying out a comprehensive risk assessment and implementing appropriate safety measures.

In the UK, most jobs have no statutory restrictions placed on them for people who have epilepsy. The employment sections of the Disability Discrimination Act 1995 make it illegal to discriminate against someone who has or has had epilepsy – whether controlled by medication or not. However, for the safety of the employee and of others, some jobs are governed by health regulations and may be restricted to those who have not suffered a seizure for a certain length of time.

During the risk assessment look carefully at the employee’s epilepsy, how it is controlled and if there is a pattern to any seizures that occur. This should be taken into account in the allocation of hours and duties.

Assess the duties that are performed. Some activities involve special risks for people whose seizures are not controlled. They would include working near open water, on or near moving vehicles, with chemicals or unguarded fires. Evaluate the risks in terms of the likelihood of a seizure or other hazardous event occurring, and the severity of harm that could result if other people are not around to help.

You may wish to contact Epilepsy Action (The British Epilepsy Association) for tailored advice on this issue. Website:
www.epilepsy.org.uk, Telephone: 0808 800 5050 or email: helpline@epliepsy.org.uk.

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