Just wondering if anyone has had problems with there employers from having seizures. I was told the week before Christmas that I go home as it was not safe for me to be in the factory and not safe for the other workers if I had a seizure. They want a letter from my neurologist to say I am fit for work. The last one I had was the 26th November. I’ve only had 3 in 7 years. I’ve had 2 embolizations and gamma knife twice. Thanks
In the UK, it is common to be warded off driving or operating machinery if one is subject to some medicines (e.g. ones that can make you drowsy) so it makes sense to me that to be an operator of a machine and be liable to seizures might be a reasonable concern. Are you permitted to drive? I would have thought that permission to drive would just as equally indicate a likely low risk and therefore safe enough to operate machinery.
Definitely talk to the neuro.
I guess the other thing is whether, if you were to have a seizure, you might fall into machinery or get caught up in it. Again in the UK, I’d expect a strong stance to be taken for safety but if there are reasonable safeguards or adjustments to the way that you work which would mean that you could continue to effectively carry out your job with those adjustments in place, I’d think you could make a case for doing so, as a reasonable adjustment under the Disability Discrimination Act. But I’m no expert in employment law.
Definitely get the assurance that you can from your neuro.
Very best wishes
Richard
That seems like discrimination. Here in the states we have the ADA that helps I am sure that you must have something like that in the UK. When I went back to work they demoted me even before I came back but they paid me the same and I even hired a lawyer who said as long as they were paying me the same and did not change my job so much like I was dealing with trading programs and then changing my job to being an admin they could do it. I ended up quitting because of other health issues and my boss was a troll and after near death my husband did not want me having another stroke - I did love my actual job but now realize that I need time to get better and maybe one day go back to work. I am so sorry this is happening
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If they start to make noises about stopping your pay or moving to a lower paid job, it would be worth talking to occupational health at work, talk to HR and if you’re in a union, make sure you’re getting support from there.
I’d say that if they have real grounds for concern, their primary step is to secure your (and other’s) safety but their next obligation is to find out what reasonable adjustments could be brought in to enable you to continue doing your job.
If they really don’t play the game, you need to talk to your union or to the local citizens advice bureau.
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I’m not permitted to drive. I live in the UK. I have a AVM on the left rear side of my brain. I can’t remember what or where exactly I’d have to dig out my paper work.
I only get SSP. No sick pay where I work. Need to get back to work soon or I’ll be out of cash.
Do you actually operate the machinery or do you have to do work just near it? What sort of machinery / what sort of work, if that’s not to pry.
I’m thinking “no drive = don’t operate machinery” but if you need to work in the same space as the machinery, as distinct from operating it, there may be reasonable adjustments that could be made.
No it’s not prying. Don’t operate machinery very often so that’s not a problem. I work in engineering. We have milling machines, lathe’s and CNC machines. I work in the inspection area but I have to spend time on the shop floor with other employees sorting stuff out and I have to walk through the shop floor to use the toilets.
I’d argue that if you simply need to walk past the area, a rail or fence that would stop you falling into the machinery could be a reasonable fix for your predicament.
If you need to stand near the machinery to do your work, for example to inspect something, or if you have to be near the operator (who needs to remain with the machine) then again, guards might be appropriate (But in some cases could be impractical).
What your employer has an obligation to do is to properly assess whether a reasonable adjustment could be made to ensure you can safely continue to do your job. Making other people come to you rather than you go to them could be a reasonable adjustment, if safe to do that.
What they can’t do is summarily dismiss you. Keep the mood positive with them. Ask about whether adjustments are necessary (as opposed to stopping work) and if they are awkward, talk to your union (which you might do anyway) and/or the CAB.
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Looking up, the Disability Discrimination Act has been replaced by the Equality Act, so all reference should be to that. It contains similar (wider) provisions, I think.
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Dazzle,
I’m looking stuff up for you because, whilst I’m not an employment lawyer (I’m actually an IT man) I can happily read medical mumbo jumbo and legal mumbo jumbo and understand broadly what it means.
The Equality Act information I’ve been reading is the guidance information here:
https://www.gov.uk/government/publications/equality-act-guidance
Within that, section A2 sets out the basic requirements:
- the person must have an impairment that is either physical or mental;
- the impairment must have adverse effects which are substantial;
- the substantial adverse effects must be long-term; and
- the long-term substantial adverse effects must be effects on normal day-to-day activities.
My reading of it is that having seizures that are managed through medication would fall within the definition of a disability in the act. All four points are answered.
If you no longer need medication to manage your seizures, it might still qualify but different sections apply and there are about 60 pages to read here. However, if you doc says you’re ok and you no longer need to use phenytoin, then the argument back to work would be that no adjustment is necessary… you’re safe without it.
I’ll do a bit more reading to find out about “reasonable adjustments” which I remember from the 1995 Act but which I haven’t found in this guidance.
By the way, your GP would probably give you a view on your seizures. You might not need to go all the way to the neuro.
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Firstly thank you very much for your information and time. Neuro say the seizures are due to the gamma knife I had 18 months ago also I’m being fased off the phenytoin at 25 mg every 2 weeks as I’m changing to lamotrigine which will increase by 25 mg every 2 weeks until I’m on 100 mg twice a day and I have been put on a short course of clobazam.
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Ok. So the obligation to make reasonable adjustments is still there. https://www.equalityhumanrights.com/en/search?text=Reasonable+adjustments
The more interesting thing is whether it is anything to do with your “impairment” or “disability” (which would be that you are subject to seizures and might therefore lose consciousness from time to time) and therefore that a reasonable adjustment ought to be made. Or whether it is simply a matter of appropriate safeguards which could apply for any person, that any loss of coordination could not lead to mutilation in one of the machines. This feels more like an HSE thing: that the work environment and practices should be safe.
So… for the moment, I’d say talk to the doc about whether they see you as inappropriate to be near such machinery. Possibly not appropriate. They might also be able to give you advice on whether that would then lead on to you considering that you have an impairment that would count under the Equality Act.
If that happens, you’d need to talk to work about whether they were willing to look at sensible changes in the way that you do your work (which would be specific to you – not that everyone in your job should necessarily do it your way). Note that your employer has to pay for any adjustments, and if the adjustment is just too expensive for them, they don’t have to make the adjustment. Hence, you want to find adjustments that are cheap and easy but meet the need.
If they dismiss you, or put you in a job that is lower paid, you could go to the CAB and ask about a claim for discrimination on the grounds of disability.
This is all a lot to take in. So stay nice with them try to find ways to make it work and don’t appear to make life difficult or expensive for them would be my thoughts.
Happy to help you along the way if I can.
Hope this helps. I know it’s a lot on day 1.
Very best wishes
Richard
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It doesn’t matter from a disability point of view what the medication is… just that it is a long term thing that needs long term care & adjustment.
If the need for medication were definitely less than 12 months, no adjustment could be enforced, so they could perhaps put you in a different role for a period until you’re fit / safe enough to resume your old job. The idea is to protect you if you have a long term condition. At least 12 months.
All the best,
Richard
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Thanks Richard,
I’ll be back to this thread when I have more news.
Cheers Darren
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@Corrine, myself and some AVMers on Facebook are up for lunch in Birmingham on Saturday if you want to pop along. Corrine might be able to fit you a space at the table, if you’re interested. Birmingham AVMer meet up
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Definently more than welcome if your free tomorrow 
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