Rank: Forum user 
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Can any tell me if an employee has a duty to tell an employer that they have epilepsy ?
Does an employer have a right to ask for their medical records ?
The individual in question regularly works with plant and machinery and it could be difficult to make reasonable adjustments.
Thanks in advance
Joe
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Rank: Super forum user
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If there is a safety critical reason for an employer to know about a medical condition, then yes.
E.g. all employees employed within our warehouses (that are required to operate powered MHE) have to complete a health questionnaire at induction. This requires them to inform us of any relevant medical conditions that may affect their ability to safely operate MHE.
We went via our data protection officer to ensure we are asking in the correct manner, essentailly it relies on the employee being honest and confirming if they suffer from a selection of medicalconditions. If they tick yes, further detail is required from their GP.
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Rank: Forum user
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Jake,
What happens if they refuse to give any information ? Is there a legal duty for them to disclose this information ?
Regards
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Rank: Super forum user
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There are legal duties; see HSWA74 and these areas are difficult but we both; employer and employee, have duties towards each other and remember disclaimers are worth nothing
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Rank: Forum user 
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Hi Joe
We require all new employee's to complete a health questionnaire as part of their induction. Having a condition like epilepsy does not exclude them by any means, but I tend to compile an individual risk assessment with them to establish risks that could occur because of their condition. We currently have two members of our staff with this condition, their individual assessments have established what tasks are considered suitable and tasks that are not. Remember that epilepsy can affect people in different ways so a generic assessment may not be suitable. Remember to keep supervisors and first aiders informed.
Steve W
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Rank: Forum user
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You talk about "reasonable adjustments", it would be exceptionally difficult for you to make reasonable adjustments until they've disclosed their disability, or been off work and you're supporting a return to work. How would you know what was reasonable?
The big question is, what leads you to the conclusion that they suffer from epilepsy? And if they do, when was their last seizure, under what conditions does a seizure occur?
If you are aware of them suffering from the condition from recruitment info, sick leave, result of accident, them disclosing then I would send them to Occ Health for an assessment.
If you don't know, get HR to deal with it.
And in the meantime don't jump to conclusions, many people suffer from epilepsy and haven't had a seizure in years. Some people can "detect" when they're going to have a seizure, hell some have dogs to do it for them, so they can get into a place of safety.
Like any other employee with a disability, it's got to be a supportive and joint approach to risk assessing the job.
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Rank: Forum user
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From an HR perspective you can request anybodies medical records
please note ""request" it is not a right
the person has to sign the request
they have an option to see their records first before allowing them to be disclosed to you
we use this option as part of accident investigations and to defend claims
cost is £50 - £100 per request
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Rank: Super forum user
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I am worried about the person being described as having epilepsy. A person might have epileptic fits but the nature of these can vary a great deal, be it the trigger for the fitting episodes and the nature of the episode, ranging from a petite mal seizure when they just switch off for a few minutes to a full on seizure.
The reason people might not want share information is because assumptions are being made as what the effect of this condition might be. What you should be assessing is how that individual is affected by the condition and how that affects their job. So if you have an individual who might have had seizures in the past but you have no evidence that they are having them now and that they are being controlled by medication then they are not a risk to themselves or anybody else.
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Rank: Forum user
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Hi Hardiment27,
As mentioned before, have a chat with the person and risk assess to get the medical details just ask the person, as they know how they manage it. please also note that if they are not on medication, this is not a problem either.
Just to help clarify previous replies, I myself am an ex-epileptic so can speak from experiance just to explain further I had Ideopathic epilepsy with photosensitivity only 5 seizures and the last was when I was 12. From a company point there was no reasonable adjustments they could do, as by then CRT display's had already changed to LCD etc, that do not cause a problem.
the only thing a company could do, if a seizure occured was to respect my/there requirements of after seizure care. I say this because after you are diagnosed with epilepsy you do not have to go to hospital again, if you do not wish, as they can not do anything for you.
After all this I was declared clear of Epilepsy when I was about 27, have a full driving liecnce and do not have to declare this medical history as it is not current.
I hope this info helps to explain a bit further, just talk to them......
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Rank: Forum user
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Thank you all for the information so far.
The company I am dealing with does not have HR as they are a small family based business. The individual in question definitely has epilepsy and takes medication. I understand the assessment of epilepsy and the different types.
Can anyone advise me what to do if no reasonable adjustments can be made. The reason for this being that he can not work with machinery and plant, which is 100 % the role at the company. In addition the insurance company has refused to insure him.
A really difficult one. What does the law state ?
Any further information is welcome as I am sure this is not an unusual case.
Thanks in advance
Joe
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Rank: Super forum user
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Hardiment
Are you saying that this person’s epilepsy is so severe that they cannot do their job?
If so how come they got the job in the first place?
I hear mention of the insurance company refusing to insure them- as I have already mentioned today I am glad my employer does not have to insure.
I thought that the insurance company insures the employer not the employees.
They have no right to discriminate against an individual on the basis of a possible disability.
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Rank: Super forum user
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Rank: Super forum user
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Rank: Forum user
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Massive thanks to those who have given information, I can now move forward with this. Thanks Mr fibble the HSE case studies look interesting.
A Kurdziel in gaining further information I am deliberately trying not to discriminate. For future reference I think any insurance company can refuse insurance if they want too. This is based on any number of personal factors, age, previous accident history, medical history etc.
This is a common sense approach by an insurance company in there overall risk assessment of a business.
Regards
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