Epilepsy and your rights

Find out more about the laws that protect people from disability discrimination.

These can be different depending on where you live.

Headshot of a Young Adult

England, Scotland and Wales

Key points:

  • The Equality Act is a law that protects people who live in England, Scotland and Wales from discrimination. There is a different law for people who live in Northern Ireland
  • It may be against the law to discriminate against someone with a disability
  • If you have epilepsy, it is likely you’ll be protected even if you don’t think of yourself as disabled
  • If you feel an employer or service provider has discriminated against you, you may be able to take legal action against them

 

Is epilepsy a disability?

Even if you don’t think of yourself as disabled, the Equality Act protects you from disability discrimination if any of these things apply to you:

  • Your epilepsy has a substantial and long-term negative effect on your ability to do day-to-day activities
  • Your epilepsy isn’t currently having a substantial effect, but it would do if you were not having treatment
  • You have a condition that will get worse over time and is likely to have a substantial effect in the future, even if doesn’t right now
  • You’ve had epilepsy in the past

 

If your epilepsy affects your ability to do day-to-day activities, you may be eligible for certain disability benefits. Find out more on our website: Benefits for people with epilepsy

 


What do the words in the Equality Act definition of disability mean?

Normal day-to-day activities include things carried out by most people on a regular basis. For example:

·       Walking to a bus stop

·       Shopping

·       Doing the housework

·       Speaking on a telephone

·       Going to the toilet

·       Reading a newspaper

Long-term means you must have been, or expect to be, affected for at least 12 months.

A substantial negative effect is one that is more than minor or trivial. It is something that is beyond the normal differences in ability that is seen among people. It may also be the result of several smaller symptoms caused by your epilepsy that add up to a substantial negative effect on your daily life.


 

 

What is disability discrimination?

Disability discrimination is when you are treated unfairly or put at a disadvantage for a reason related to your disability. It can also apply to you if you are connected to someone with a disability. This is called discrimination by association.

The Equality Act protects you from disability discrimination:

  • At work
  • At school, college, or university
  • When using health and care services like hospitals and care homes
  • When you are buying or renting somewhere to live
  • When using services like gyms, shops, restaurants and cinemas
  • When using transport services such as buses, trains and taxis
  • When you join a club
  • When you have contact with public bodies like your local council or a government department

 

What can I do if I’ve been discriminated against because of my epilepsy?

 If you feel you’ve been discriminated against because of your epilepsy, you could take one or more of the following steps:

  • Get advice
  • Talk to the people concerned
  • Make a formal complaint
  • Take legal action

 

Get advice

You may want advice to help you decide if you’ve been discriminated against and what to do next. The Epilepsy Action Helpline can help by talking to you about your rights, and helping you to think about your next steps. You can also read on for more information about the different types of disability discrimination, or contact one of the organisations at the bottom of this page for specialist discrimination, legal or employment advice.

 

Talk to the people concerned

You could talk to the people concerned, for example, the employer or service provider. Explain to them why you think you’ve been discriminated against, and how you would like them to resolve the situation.

It’s a good idea to keep a note of attempts you have made to try and sort the situation out. This can be useful information if you later decide to take legal action. If the discrimination is at work and you’re a member of a union, you could ask them to support you with talking to your employer.

 

Making a formal complaint

If talking informally to the people involved doesn’t solve the problem, you could make a formal complaint. Most employers and service providers will have a formal complaints procedure explaining how to make a complaint and who to complain to.

 

Take legal action

If you feel an employer or service provider has discriminated against you, you may be able to take legal action against them, but you need to act quickly. In most employment cases, you need to lodge your claim to an employment tribunal within 3 months from when the discrimination happened. For other discrimination claims (for example complaining about a service provider) you need to make a claim to court within 6 months.

Be aware that taking legal action can be expensive. However, depending on your financial circumstances and the issues involved, you may be eligible for the Legal Aid scheme. This might cover some or all of the costs.

Check if you can get legal aid in England or Wales.

Find out about legal aid in Scotland.

There are a number of not-for-profit organisations such as law centres, and firms of solicitors, that specialise in helping disabled people with discrimination issues. If you choose to employ a solicitor, it is important to check at the beginning how they will expect to be paid. You should also find out whether they have a contract to provide advice and representation through the Legal Aid scheme. It is also a good idea to find out how much experience they have in dealing with discrimination cases.

 

What are the different types of disability discrimination?

There are 6 main types of disability discrimination:

Direct discrimination

This is when you are treated worse than another person in a similar situation, because of your disability.

Examples of direct discrimination:

A landlord will not rent a flat to you because you have epilepsy.

 

Your work is having a staff social event to which family members are invited. You are not invited because your son has epilepsy.

 

Indirect discrimination

Indirect discrimination is where a general rule or practice that applies to everyone puts disabled people at a disadvantage compared to people who aren’t disabled. This is against the law unless the organisation or employer can show they had a good reason for the rule or practice. See Is it ever lawful for people to discriminate against me because of my epilepsy?

 

Example of indirect discrimination:

A job advert lists having a driving licence as an essential requirement. This puts you at a disadvantage because your seizures prevent you from getting a driving licence. If the advert is for a job as a bus driver, the requirement is justified and is not discrimination. But if it’s for a retail manager who sometimes travels to different sites this will be harder to justify.

 

Discrimination arising from a disability

It is also discrimination if a person or organisation treats you badly for a reason connected to your disability, such as needing time off for medical appointments. This is called discrimination arising from a disability. For it to apply, the person or organisation must have known, or should have known, about your disability.

Discrimination arising from a disability is against the law unless the organisation or employer can show they had a good reason. See Is it ever lawful for people to discriminate against me because of my epilepsy?

Example of discrimination arising from a disability:

You have a long absence from work because of your epilepsy. Your employer dismisses you because of that absence, even though they could have covered your work duties. This will be discrimination unless your employer can show that dismissing you was justified.

 

Failure to make reasonable adjustments

Reasonable adjustments are changes an employer or someone providing a service must make in order to meet the needs of disabled people. Not making reasonable adjustments could be against the law under the Equality Act. Reasonable adjustments could include:

  • Making changes to a rule
  • Making changes to buildings
  • Providing equipment that will help you
  • Giving you information in a way that is easier to understand, such as an Easy Read version

Sometimes a reasonable adjustment will cost money and the employer or organisation must pay for it. The cost of an adjustment can be taken into account in deciding if it is reasonable or not.

What counts as ‘reasonable’ depends on a number of things, including:

  • How practical it is for the organisation to make the adjustment
  • How much it would cost
  • How much it would help to make things more equal for you

Examples of reasonable adjustments:

Your epilepsy means you sometimes struggle to remember things, so your college arranges equipment for you to record lectures.

 

An employer allows you to start and finish work later than other employees, if you usually have seizures first thing in the morning.

There is a government scheme called Access to Work which can help you get or stay in work if you have a health condition or disability.

There’s more information about work and epilepsy on our website, including an employer toolkit and advice on reasonable adjustments at work for people with epilepsy.

 

Harassment

This is unwanted behaviour towards you related to your disability that causes you offence, fear or upset.


What does the law say?

Harassment is when someone’s behaviour:

        • Has the purpose or effect of violating your dignity or
        • Creates an intimidating, hostile, degrading, humiliating or offensive environment for you

What does this mean?

Harassment is when someone’s behaviour towards you makes you feel upset, scared or ashamed.


Employers and organisations must protect you from harassment by the people that work for them. So if your colleagues bully you because of your epilepsy, your employer is legally responsible. That is unless they can show they did everything they could to prevent the harassment.

The Equality Act also protects your family and friends from being harassed at work or when using services, if the harassment is because of your epilepsy.

Examples of harassment:

The bar staff at your local pub make insulting comments about you and your husband, who has epilepsy.

 

Your boss knows that you have epilepsy and that this causes you stress, They frequently wind you up and put you down in front of your colleagues by telling you to ‘calm down or you’ll have a fit’. Even though you have asked your boss to stop doing this, they continue

Victimisation

This is when you are treated badly because you’ve complained about discrimination. It can also happen if you’re supporting someone who has complained about discrimination.

Examples of victimisation:

You’re not invited to office social events because you supported a colleague when they complained about discrimination at work.

 

You have made a complaint of disability discrimination. Your employer threatens to sack you unless you withdraw your complaint.

 

What else does the Equality Act protect against?

The Equality Act says that employers must not ask you questions about your health or disability until you’ve been offered a job, except in some specific circumstances. See our information about looking for work to find out more.

The Equality Act also protects carers of people with a disability.

 

Is it ever lawful for people to discriminate against me because of my epilepsy?

Sometimes indirect disability discrimination and discrimination arising from a disability can be lawful. The person or organisation must be able to show that they had a good reason for the discrimination. In legal terms, they need to show that the discrimination is a ‘proportionate means of achieving a legitimate aim’.

‘Legitimate aim’ means there is a real reason for the discrimination. Examples include protecting people’s health and safety or running an efficient service.

‘Proportionate’ means that if you balance them against each other, the reason for the discrimination is more important than the disadvantage you face.

Example:

You have regular seizures with no warning. A restaurant will not give you a job cooking at a grill, because your seizures would put you at significant risk of burns. This is an example of discrimination arising from a disability. But it’s likely to be lawful, because the employer could show that the discrimination has a legitimate aim of protecting your health and safety. Even though this puts you at a disadvantage compared to someone who doesn’t have seizures, protecting your health and safety is more important.

 

If health and safety is used as a reason for the discrimination it should be based on facts about your epilepsy, not on assumptions.  If health and safety is a concern, employers or service providers can often make the job or activity safer by doing a risk assessment and making reasonable adjustments.

 

Jobs in the armed forces

 The armed forces can legally discriminate against disabled people in order to ‘ensure the combat effectiveness of the armed forces.’  This means they can refuse to employ you if you have epilepsy or a history of epilepsy. See our information about epilepsy and the UK armed forces.

 

Insurance

Insurers can treat disabled people differently to other people. But only if they can justify their reasons and show that they based their decision on relevant and reliable information, such as statistical data or medical reports.

Example:

An insurer may charge you more for travel insurance because you have epilepsy. In some cases they could refuse to insure you. They would have to provide evidence that you are more likely to make a claim than somebody who doesn’t have epilepsy.   

 

Sources of specialist advice and support

Advisory, Conciliation and Arbitration Service (ACAS)

Provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law.

Tel: 0300 123 1100

Website: acas.org.uk

 

Law Centres Network (England and Wales only)

Law Centres defend the rights of people who cannot afford a lawyer. Visit their website to see if you have a Law Centre in your local area.

Website: lawcentres.org.uk/

 

Equality Advisory and Support Service (EASS)

The EASS Helpline advises and assists people on issues relating to equality and human rights.

Tel: 0808 800 0082

Website: equalityadvisoryservice.com

 

Find a solicitor (England and Wales only)

Website run by the Law Society to help you find a solicitor in England and Wales.

Website: solicitors.lawsociety.org.uk/

 

Talk to a Disability Employment Advisor (DEA)

Contact your local Jobcentre Plus office to find a Disability Employment Adviser (DEA). This is a government role specialising in helping disabled jobseekers to find and stay in work. Website: gov.uk/contact-jobcentre-plus

Northern Ireland

Key points:

  • The Disability Discrimination Act (DDA) is a law that protects people who live in Northern Ireland from disability discrimination. There is a different law for people who live in England, Scotland and Wales
  • It may be against the law to discriminate against someone with a disability
  • If you have epilepsy, it is likely you’ll be protected even if you don’t think of yourself as disabled
  • If you feel an employer or service provider has discriminated against you, you may be able to take legal action against them
  • If you have a disability, there’s information about your rights on the nidirect website

 

Is epilepsy a disability?

Even if you don’t think of yourself as disabled, the DDA protects you from disability discrimination if any of these things apply to you:

  • Your epilepsy has a substantial and long-term negative effect on your ability to do normal day-to-day activities
  • Your epilepsy isn’t currently having a substantial effect, but it would do if you were not having treatment
  • You’ve had epilepsy in the past

If your epilepsy affects your ability to do day-to-day activities, you may be eligible for certain disability benefits. Find out more on our website: Benefits for people with epilepsy


What do the words in the Disability Discrimination Act definition mean?

 Normal day-to-day activities include things carried out by most people on a regular basis. For example:

      • Walking to a bus stop
      • Shopping
      • Doing the housework
      • Speaking on a telephone
      • Going to the toilet
      • Reading a newspaper

Long-term means you must have been, or expect to be, affected for at least 12 months.

A substantial negative effect is one that is more than minor or trivial. It is something that is beyond the normal differences in ability that is seen among people. It may also be the result of several smaller symptoms caused by your epilepsy that add up to a substantial negative effect on your daily life.


 

 

What is disability discrimination?

Disability discrimination is when you are treated unfairly or put at a disadvantage for a reason related to your disability. Disability discrimination can happen in a number of different ways and these have different names.

The DDA protects you from disability discrimination:

  • At work, or when looking for work
  • When you are buying or renting somewhere to live
  • When buying goods or using services, including healthcare and social services
  • During travel and when using many forms of transport, such as buses, trains and taxis

Disability discrimination in education is prohibited by another law, called the Special Educational Needs and Disability (NI) Order. Epilepsy Action has separate information about epilepsy in education.

 

What can I do if I’ve been discriminated against because of my epilepsy?

 If you feel you’ve been discriminated against because of your epilepsy, you could take one or more of the following steps:

  • Get advice
  • Talk to the people concerned
  • Make a formal complaint
  • Take legal action

 

Get advice

You may want advice to help you decide if you’ve been discriminated against and what to do next. The Epilepsy Action Helpline can help by talking to you about your rights, and helping you to think about your next steps. You could also contact one of the organisations at the bottom of this page for specialist discrimination, legal or employment advice.

 

Talk to the people concerned

You could talk to the people concerned, for example, the employer or service provider. Explain to them why you think you’ve been discriminated against, and how you would like them to resolve the situation.

It’s a good idea to keep a note of attempts you have made to try and sort the situation out. This can be useful information if you later decide to take legal action. If the discrimination is taking place at work and you’re a member of a union, you could ask them to support you when you are talking to your employer.

 

Make a formal complaint

If talking informally to the people involved doesn’t solve the problem, you could make a formal complaint. Most employers and service providers will have a formal complaints procedure explaining how to make a complaint and who to complain to. At work, this is usually called a grievance procedure.

 

Take legal action

If you feel an employer or service provider has discriminated against you, you may be able to take legal action against them, but you need to act quickly. In most employment cases, you need to lodge your claim to an industrial tribunal within 3 months from when the discrimination happened.  For other discrimination claims (for example complaining about a service provider) you need to make a claim to a county court within 6 months.

Be aware that taking legal action can be expensive. However, depending on your financial circumstances and the issues involved, you may be eligible for legal aid to cover some or all of the costs. Find out more about legal aid in Northern Ireland.

Legal aid is not available for employment-related claims, however you can apply to the Equality Commission for Northern Ireland for help.

 

What are the different types of disability discrimination?

There are 4 main types of disability discrimination:

Direct discrimination

This is when an employer treats you less well than other people because of your disability. Employers could also be guilty of direct discrimination if they treat you less well because of your connection to someone who is disabled. This is called associative discrimination.

Example of disability discrimination in employment:

You have a period of absence from work because of your epilepsy. Your employer dismisses you because of that absence, If you can show that your employer did not, or would not, dismiss, any non-disabled employee with a similar level of absence. This will be disability discrimination unless your employer can show that dismissing you was justified.

 

Failure to make reasonable adjustments

Reasonable adjustments are changes an employer or someone providing a service must make in order to meet the needs of disabled people. Not making reasonable adjustments could be against the law under the DDA. Reasonable adjustments could include:

  • Making changes to a rule
  • Making changes to buildings
  • Providing equipment that will help you
  • Making changes to your working hours or allowing you to have time off for medical treatment
  • Giving you information in a way that is easier to understand, such as an Easy Read version

Sometimes a reasonable adjustment will cost money and the employer or organisation must pay for it. The cost of an adjustment can be taken into account in deciding if it is reasonable or not.

What counts as ‘reasonable’ depends on a number of things, including:

  • How practical it is for the organisation to make the adjustment
  • How much it would cost
  • How much it would help to make things more equal for you

Examples of reasonable adjustments:

Your epilepsy means you sometimes struggle to remember things, so your employer arranges equipment for you to record meetings.

 

An employer allows you to start and finish work later than other employees, if you usually have seizures first thing in the morning.

 

Harassment

This is unwanted behaviour at work towards you that is related to your disability that causes you offence, fear or upset.


What does the law say?

Harassment is when someone’s behaviour:

        • Has the purpose or effect of violating your dignity
        • Creates an intimidating, hostile, degrading, humiliating or offensive environment for you

What does this mean?

Harassment is when someone’s behaviour towards you makes you feel upset, scared or ashamed.


Employers have a duty to protect you from harassment by the people that work for them. So if your colleagues bully you because of your epilepsy, your employer is legally responsible, unless they can show they took reasonable steps to prevent the harassment.

Example of harassment:

Your boss knows that you have epilepsy and that this causes you stress, They frequently wind you up and put you down in front of your colleagues by telling you to ‘calm down or you’ll have a fit’. Even though you have asked your boss to stop doing this, they continue.

 

Victimisation

This is when you are treated badly because you’ve complained about discrimination to an employer or service provider. It can also happen if you’re supporting someone who has complained about discrimination.

 

Examples of victimisation:

You’re not invited to office social events because you supported a colleague when they complained about disability discrimination at work.

 

You have made a complaint of disability discrimination. Your employer threatens to sack you unless you withdraw your complaint.

 

Is it ever lawful to be discriminated against because of my epilepsy?

There are some situations where you can lawfully be subjected to disability discrimination.

Jobs in the armed forces

 The armed forces are not covered by the employment sections of the DDA.  This means they can refuse to employ you if you have epilepsy or a history of epilepsy.  See our information about epilepsy and the UK armed forces.

Insurance

Insurers can treat disabled people differently to other people, but only if they can justify their reasons and show that the decision is based on relevant and reliable information, such as statistical data or medical reports.

Example:

An insurer may be allowed to charge you more for travel insurance because you have epilepsy. In some cases they may be allowed to refuse to insure you. To do this they would have to show reliable evidence that you are more likely to make a claim related to your health than somebody who doesn’t have epilepsy.   

 

More support

NIdirect have information on 3 different government schemes that support people with disabilities or health condition to find and stay in work.

There’s more information about work and epilepsy on our website, including an employer toolkit and advice on reasonable adjustments at work for people with epilepsy.

The Equality Commission for Northern Ireland also have information to support employers and employees with recruitment, including case studies.

 

Sources of specialist advice and support

Children’s Law Centre

Provide a free legal advice service and legal representation for children and young people.

Tel: 028 9024 5704

Email: chalky@childrenslawcentre.org

Website: childrenslawcentre.org.uk

 

Equality Commission for Northern Ireland

Provides advice and assistance to people who feel they have been discriminated against.

Tel: 028 90 500 600

Website: equalityni.org

 

Law Centre NI

Providing free independent legal advice and assistance to the public and to advisers.

Tel: 028 9024 4401

Website: lawcentreni.org/

 

The Law Society of Northern Ireland Solicitor Directory
Searchable directory of solicitors in Northern Ireland.

Tel: 028 9023 1614

Website: lawsoc-ni.org/solicitors

 

The Labour Relations Agency

Provides advice on your rights at work. They can also help resolve disputes through their conciliation, mediation and arbitration services.
Tel: 03300 552 220
Website: lra.org.uk/

This information has been produced under the terms of the PIF TICK. The PIF TICK is the UK-wide Quality Mark for Health Information. Please contact website@epilepsy.org.uk if you would like a reference list for this information.
Published: October 2022
Last modified: May 2024
To be reviewed: October 2025
Tracking: L019.04 - E, S & W / L019B.02 - NI (previously F101 (E, S & W) / F101B NI)
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