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Epilepsy and driving
How the law can work
Work-related issues that frequently arise
Myths about computer screens
Supports for employers
For the majority of people with epilepsy, the condition is unlikely to impinge on their working lives. Most people with epilepsy have been able to stabilise their condition through a medical regime and good self-management. Sick leave and accidents at work are no more frequent among people with epilepsy than in other workers. 
However, a number of myths surround epilepsy, probably dating from times when medical treatment was not as successful in treating the condition. People with epilepsy can drive cars and use VDUs, work in the vast majority of jobs and have the same aspirations as other employees.
One of the most common myths is that extra insurance is needed when employing someone with epilepsy. This is not the case. No special insurance is required.
At a basic level, employers should ensure that they are covered by public liability insurance and employer’s liability. Premiums are only affected by claims, and there is no evidence to suggest that claims increase by employing someone with epilepsy. Employers should be aware of the implications of current legislation in relation to employment equality.
Employment Equality Act 1998
This outlaws discriminatory practices and prohibits direct and indirect discrimination and victimisation in employment on several grounds:
- Gender
- Marital Status
- Family Status
- Religion
- Age
- Disability
- Race
- Membership of the Travelling Community.
The Act covers areas such as equal pay, access to employment, training, conditions of employment, work experience, promotion and dismissal. The legislation applies to public and private sector employment, training bodies and advertisements for jobs, trade union and professional bodies, full and part-time workers and collective agreements.
Discrimination is defined under the Act as “less favourable treatment” and a person is said to be discriminated against if he or she is treated less favourably than another on any of the nine discrimination grounds.
Epilepsy and driving
People with epilepsy can drive cars subject to certain conditions. Government regulations have recently been amended in relation to driving and epilepsy, which should allow more people with epilepsy to drive cars and motorcycles. 
However, as a person with epilepsy requires certification from a neurologist before they can drive, it may be some time before the full benefits of these changes will be seen, due to a lack of consultant neurologists in this country to see people and organise certification.
The changes have come about due to amendments to the Road Traffic (Licensing of Drivers) Regulations 2004. These amendments, relate to three main types of seizure:
- Nocturnal/sleep seizures.
- Provoked seizures related to AED (anti-epileptic drugs) changes and/or epilepsy surgery.
- Simple partial seizures with awareness.
The changes in relation to nocturnal seizures will probably have the most impact.
Prior to the amendments, a person who had suffered any kind of seizure within the last year (preceding the date of medical examination) was not allowed to drive, i.e. they had to be seizure-free for at least one year before being allowed to drive.
However, the amendments mean that anyone who has had only nocturnal seizures over a period of two years (preceding the date of medical examination) can now be certified by a neurologist to drive.
In relation to provoked seizures, anyone who has had a single provoked seizure over six months ago may be certified to drive. For example, if a person had a single provoked seizure in January, but remained seizure-free for the next six months, on examination by a neurologist in July, they could be certified to drive.
Anti-epileptic drugs can cause side effects. For example, when a person changes from one type of drug to another, this will almost certainly provoke a seizure. This amendment will affect those who may have a single seizure as a result of some change to their medication.
Finally, the amendments state that if a person has only had simple partial seizures, where awareness is fully maintained at all times, then they may be certified to drive. No time restrictions apply.
However in all three cases, a certificate is required from a consultant neurologist.
How the law can work
A woman had been working as a packer on a temporary basis for an Irish computer component firm. After several weeks, her supervisor said her work was very satisfactory and the company would like to employ her on a permanent basis.
She filled in an application form and stated she had epilepsy controlled by medication. She was required to have a medical examination and the doctor told the personnel officer by phone of her epilepsy. She was dismissed immediately.
The Equality Authority took up the woman’s case. The Labour Court found that there had been no discussion about the company’s concerns with the woman and no safety assessment. Such an assessment could have identified the extent, if any, to which the working environment presented a danger to the woman.
Nor, it was found, did the company wait for a written medical report, which stated that the woman’s epilepsy presented no problem for the type of work she was doing. The woman was awarded €19,000 euro for being discriminated against in her employment.
Work-related issues that frequently arise
1.What questions does an employer need to ask a job applicant who informs them that he or she has epilepsy?
The employer should ask the same questions you would use to assess any other candidate. The focus should be on assessing the person’s ability to do the job. Once this is established, assessment of their condition can be made to see if any job accommodation measures need to be taken,
2. What does an employer need to do in the case of a person who has been recently hired and has epilepsy?
Employers should first of all inform themselves about the condition. Epilepsy interferes very little with day-to-day living.
3. Are people with epilepsy obliged to disclose the condition to employers?
They are only obliged to disclose it if they are specifically asked.
4. Do people with epilepsy have more absenteeism from work?
No. Research has shown that on average, people with epilepsy have fewer accidents
at work than other employees, take less time off and have good job loyalty records.
5. Can people with epilepsy work with machinery?
Yes. Epilepsy does not restrict a person from operating guarded machinery. If specific changes need to be made, there are grants available for adopting workplace equipment.
6. Are people with epilepsy less productive?
No. In fact, because they are often aware of employers’ concerns over productivity, they may be keen to prove that they are productive and reliable.
7. What do I do if someone has a seizure at work?
See article on First aid for seizures.
The majority of people with epilepsy require no special help to become economically active. However, sometimes epilepsy can present problems in getting and keeping jobs due to misunderstandings about the condition and its implications in the workplace.
It is important that when assessing an employee or job applicant that the employer understands some of the basic facts about epilepsy and its possible impact on work performance. It is easy to discriminate against people with epilepsy unintentionally, so it is important to try to avoid this.
Myths about computer screens
Louise attended an interview for a clerical job. She told the interviewer she had epilepsy.
Although her CV showed she had excellent computer skills the interviewer thought it would be unsafe for Louise to work at a computer screen and sought help.
In reality only a small proportion of people with epilepsy have photosensitive epilepsy, ie. are sensitive to flashing/flickering lights. This is most common in children.
Therefore the majority of people of working age will not be predisposed to photosensitivity. In Louise’s case, it could be argued that the employer was being over-cautious. However, the employer could request a letter from Louise’s GP which would clarify the issue of photosensitivity as part of her diagnosis.
Supports for employers
For an employer who is interested in bringing people with epilepsy into the workforce or for those who have employees with the condition, Brainwave can offer support, including epilepsy awareness training.
A grant is available towards the cost of making necessary adaptations when employing a person with a disability. Further details are available from the National Disability Resource Centre, 44 North Gt George’s St , Dublin 1. Tel (01) 874 7503.
Examples of job accommodation measures include:
- Restructuring of a job so that inability to perform a limited number of tasks will not prevent a person doing the job.
- Having one team member drive in jobs where driving is generally a shared responsibility (eg. public sanitation, utilities, survey team etc)
- Reassignment to another job if seizures interfere with a current job
- Regular shifts rather than rotating or splitting shifts, as some people’s seizures increase with irregular schedules and fatigue.
- Allowing recovery time after a seizure if necessary.
Support for employers is available from:
The Equality Authority
2 Clonmel St, Dublin 2
Tel 01-4177336/Fax 01-4173366
Email: info@equality.ie
Web: www.equality.ie
FÁS
PO Box 456
27-33 Upper Baggot St
Dublin 4
Tel 01-607 0500
Fax 01-607 0600
Email: info@fas.ie
Web: www.fas.ie
IBEC (Irish Business and Employers Confederation)
84-86 Lr Baggot St
Dublin 2
Tel 01-660 1011 Fax 01-660 1717
Email: info@ibec.ie
Web: www.ibec.ie
ISME (Irish Small Firms and Medium Enterprises Association)
17 Kildare St
Dublin 2
Tel 01-662 2755
Fax-01-662 2157 or 661 0517
Email: info@isme.ie
Web: www.isme.ie
NDA (National Disability Authority)
25 Clyde Rd, Dublin 4
Tel 01-608 0400
Fax 01-660 9737
Email: info@nda.ie
Web: www.nda.ie
SFA (Small Firms Association)
84-86 Lr Baggot Street, Dublin 2
Fax 01-661 2861
Email:info@sfa.ie
Web: www.sfa.ie
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