Is Epilepsy a Disability? The Equality Act and Reasonable Adjustments

In most cases, yes. Epilepsy is not automatically classed as a disability from the point of diagnosis, but it will usually meet the Equality Act 2010 definition because the law requires the effects to be assessed as though anti-seizure medications (ASMs) were not being taken. That triggers a duty on employers to make reasonable adjustments. Northern Ireland operates under separate legislation.

The legal test

Epilepsy is a disability under the Equality Act 2010 if it meets the statutory test, and in most cases it does.

Section 6 defines disability as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.

“Long-term” is defined in Schedule 1 as an effect that:

• Has lasted at least 12 months, or
• Is likely to last at least 12 months, or
• Is likely to last for the rest of the person’s life

One further provision matters a great deal here. Where an effect stops but is likely to recur, the law treats it as continuing. Seizures are, by their nature, intermittent. Long gaps between them do not take a person outside the definition.

Epilepsy is not one of the impairments deemed a disability automatically. Schedule 1 reserves that status for cancer, HIV infection and multiple sclerosis. Epilepsy is assessed on its facts.

Why controlled seizures still count

This is the provision employers most often miss.

Schedule 1, paragraph 5 states that an impairment is treated as having a substantial adverse effect if measures are being taken to treat or correct it and, without that treatment, it would be likely to have that effect. “Measures” expressly includes medical treatment.

In plain terms: the assessment ignores the medication. A person whose seizures are well controlled by ASMs is assessed on what the effects would be if they were not taking them. Someone who has been seizure-free for several years on medication can still meet the definition of disability.

Employers who conclude “their epilepsy is controlled, so the Act does not apply” have usually got it wrong.

What reasonable adjustments means

The duty sits at section 20 and Schedule 8. It bites where a provision, criterion or practice, a physical feature, or the absence of an auxiliary aid puts a disabled person at a substantial disadvantage compared with people who are not disabled.

Adjustments that commonly work well for employees with epilepsy include:

• Shift pattern changes. Sleep deprivation is a recognised seizure trigger, so night and rotating shifts may need review.
• Adjusted duties. Reviewing work at height, lone working, or operating certain machinery based on a proper individual assessment rather than assumption.
• A private space to recover. Post-seizure recovery can take hours, and a staff room is not a suitable place for it.
• Flexibility around appointments. Neurology and specialist nurse appointments are infrequent but not optional.
• Adjusted absence triggers. Seizure-related absence counted the same as general sickness absence can push someone into a capability process unfairly.
• Screen and lighting adjustments where photosensitivity is documented.

Adjustments are individual. Building them from a template rather than a conversation is how employers end up with measures that address a risk the person does not have.

There is also a distinct protection at section 15: unfavourable treatment because of something arising from a disability is unlawful unless the employer can show it is a proportionate means of achieving a legitimate aim. Disciplining someone for seizure-related absence is the textbook example.

Does the employer need to know?

The duty to make reasonable adjustments applies where the employer knows, or could reasonably be expected to know, that the person is disabled and likely to be substantially disadvantaged. This is set out in Schedule 8 and is often described as actual or constructive knowledge.

Two consequences follow. An employer cannot adjust for something it has no way of knowing about. But it also cannot rely on wilful ignorance when the signs are evident or a manager has been told informally.

Employees are generally not legally obliged to disclose, though health and safety duties may make disclosure relevant in specific roles. Our guidance on disclosure conversations covers how managers should respond when someone does tell them.

Recruitment and health questions

Section 60 prohibits asking about health or disability before offering work, with limited exceptions. Those exceptions include establishing whether adjustments are needed for an interview or assessment, and establishing whether the candidate can carry out a function intrinsic to the role.

“Do you have any health issues?” on an application form is not one of the exceptions. Further guidance is in our article on inclusive hiring.

Northern Ireland

The Equality Act 2010 applies in Great Britain: England, Scotland and Wales. It does not extend to Northern Ireland.

Northern Ireland is covered by the Disability Discrimination Act 1995 as amended for Northern Ireland, together with related Northern Ireland Orders. The Equality Commission for Northern Ireland is the responsible body. The core concepts of disability and reasonable adjustment are similar, but the legislation, guidance and enforcement route differ. UK-wide employers should not assume a single policy covers all four nations.

Frequently asked questions

Is epilepsy automatically a disability?
No. Unlike cancer, HIV and multiple sclerosis, it is assessed against the statutory test. In practice most people with epilepsy meet it.

What if someone has been seizure-free for years?
They may still be covered. The law disregards the effect of treatment, and recurring effects are treated as continuing.

Can an employer refuse a role on safety grounds?
Only after a genuine, individual risk assessment. Blanket exclusions based on the diagnosis alone are difficult to defend. See our guidance on risk assessments.

Who pays for adjustments?
The employer, though Access to Work may contribute in some circumstances.

This article is general information about employment law, not legal advice. Employers should take their own advice on individual cases.

Give your managers the knowledge to get this right first time

Most discrimination claims involving epilepsy start with a manager who meant well and did not know the rules. National Epilepsy Training delivers epilepsy awareness training for employers, HR teams and managers, covering recognition, response, risk assessment and the conversations that surround them.

Talk to National Epilepsy Training about workplace training