What rights do I have at work if I have epilepsy? 

In the United Kingdom, the law provides comprehensive protections for employees with epilepsy to ensure they are treated fairly and safely in the workplace. The cornerstone of these rights is the Equality Act 2010, which defines epilepsy as a disability. This legal status means that you are protected from discrimination from the moment you apply for a job through to the end of your employment. Your rights focus on three main areas: protection from unfair treatment, the right to reasonable adjustments, and the right to a safe working environment that acknowledges your individual clinical needs. 

Understanding your rights is essential for navigating your career with confidence. It allows you to advocate for the support you need without fear of repercussions. Whether you have frequent seizures or have been seizure free for years, the law ensures that your condition should not be a barrier to employment or promotion. By working with your employer and utilizing available government support, you can create a professional environment where you can perform at your best while maintaining your health and safety. 

What we will discuss in this article 

• The definition of epilepsy as a disability under the Equality Act 

• Your right to reasonable adjustments and common examples 

• Protection against direct and indirect discrimination 

• The role of the Access to Work grant scheme in 2026 

• Privacy rights and the rules regarding medical disclosure 

• Safeguards against unfair dismissal and new 2026 employment reforms 

• Emergency guidance for identifying signs of health deterioration 

The Equality Act and legal protection 

The Equality Act 2010 is the primary legislation that safeguards your rights at work. 

Definition of disability 

Under the Act, a person has a disability if they have a physical or mental impairment that has a substantial and long term adverse effect on their ability to carry out normal day to day activities. Epilepsy is almost always covered by this definition because, even if your seizures are well controlled by medication, the law looks at the effect your condition would have if you were not taking that treatment. This means you are legally protected regardless of your current seizure frequency. 

Protection from discrimination 

You have the right not to be treated less favourably because of your epilepsy. This includes protection from: 

• Direct discrimination: Being refused a job or a promotion solely because you have epilepsy. 

• Discrimination arising from disability: Being disciplined for taking sick leave related to your seizures. 

• Harassment: Being subjected to humiliating or offensive comments about your condition. 

• Victimisation: Being treated badly because you made a complaint about discrimination. 

Right to reasonable adjustments 

One of your most important rights is the right to have reasonable adjustments made to your job or workplace. 

Tailoring the workplace to your needs 

Employers have a legal duty to make changes that remove or reduce the disadvantages you face because of your epilepsy. These adjustments are specific to you and your seizure type. Common examples include: 

• Flexible working hours: Allowing for later start times if your medication causes morning drowsiness or if sleep deprivation is a seizure trigger. 

• Workspace modifications: Adjusting lighting to assist with photosensitive epilepsy or providing a ground floor desk to avoid risks associated with stairs. 

• Task reallocation: Giving certain high risk tasks, such as climbing ladders or driving, to another colleague. 

• Time off for medical reviews: Granting leave for appointments with your neurologist or epilepsy specialist nurse. 

What is considered reasonable depends on the size and resources of the employer, but the goal is always to keep you in work and performing effectively. 

Access to Work support 

The Access to Work scheme provides practical and financial support to help you stay in employment. 

Government grants in 2026 

Access to Work is a government grant that pays for support that goes beyond what an employer would normally be expected to provide. In 2026, this scheme remains a vital resource for people with epilepsy. It can fund: 

• Taxi fares to work: If you are unable to drive and public transport is not a safe or viable option. 

• Support workers: Someone to assist you during the day if your seizures are frequent. 

• Specialized equipment: Such as seizure detection monitors or specialized computer software. 

• Workplace assessments: A professional review of your job role to identify the best safety measures. 

The grant does not have to be paid back and is available to those who are employed, self employed, or about to start a new job. For the 2025 to 2026 period, the self employment lower earnings limit is 542 pounds per month. 

Disclosure and your right to privacy 

A common concern is whether you have to tell your employer about your epilepsy. 

Confidentiality and the law 

In most cases, you have the right to keep your epilepsy private. It is generally unlawful for an employer to ask about your health before making a job offer. However, there are two main reasons why you might choose to disclose: 

1. To access rights: Your employer only has a legal duty to make reasonable adjustments once they are aware of your condition. 

2. Safety obligations: You have a responsibility under health and safety law to protect yourself and others. If a seizure at work could lead to a serious accident, such as if you work with heavy machinery, you must disclose your condition. 

If you do disclose, your employer must keep this information confidential under data protection laws unless you give them permission to share it with specific people, such as first aiders. 

Protection against unfair dismissal 

The law provides strong safeguards to prevent you from being unfairly dismissed because of your epilepsy. 

Employment reforms and fair processes 

The Employment Rights Act 2025 has introduced significant changes to workplace protections starting in April 2026. These include day one rights to sick pay and a phased reduction of the qualifying period for unfair dismissal claims from two years down to six months. 

If your performance is affected by your condition, your employer must first explore all reasonable adjustments before considering any disciplinary action. If they fail to do this, any dismissal could be considered unfair and discriminatory. During redundancy processes, your employer must use fair criteria that do not disadvantage you because of your disability. If you believe your rights have been breached, you can seek support through Acas or an employment tribunal. 

Health and safety in 2026 

The legal landscape in 2026 places a renewed emphasis on proactive safety and mental health. Employers are now expected to take a more proactive approach to personal safety by conducting specific risk assessments for employees with fluctuating conditions like epilepsy. This includes a greater focus on managing psychosocial risks, such as the stress and anxiety that can arise from managing a chronic illness at work. Employers are expected to demonstrate that they have anticipated potential risks and implemented preventative measures to protect your physical and psychological well being. 

Emergency guidance 

While managing your rights at work is a long term process, immediate safety is always the priority. Call 999 immediately if an employee has a seizure that lasts more than five minutes, if they have repeated seizures without regaining consciousness, or if they are injured during the event. In the workplace, it is vital to have a clear seizure action plan that colleagues can follow. After an emergency, you should have a clinical review with your specialist to determine if your workplace environment or stress levels played a role and to update your risk assessment to prevent future incidents. 

Authority Snapshot 

Dr. Stefan Petrov is a UK trained physician with an MBBS and postgraduate certifications including Basic Life Support BLS, Advanced Cardiac Life Support ACLS, and the UK Medical Licensing Assessment PLAB 1 and 2. He has hands on experience in general medicine, surgery, anaesthesia, ophthalmology, and emergency care. Dr. Petrov has worked in both hospital wards and intensive care units, performing diagnostic and therapeutic procedures, and has contributed to medical education by creating patient focused health content and teaching clinical skills to junior doctors.