# Job Restrictions - Epilepsy



## WarrenBuffet (21 Jun 2008)

Hi,

I have heard that there is a list of jobs that people with epilepsy are not allowed work as (e.g. driver of a HGV truck). I have spent a good bit of time searching on the web for this list - I would really appreciate if someone could point me towards it. 

Another question - can you fail a medical if the job you are applying for isn't on the list? 

Finally what recourse do you have if you feel that its unfair that you failed a medical, i.e. it wasnt justified  and you were fit to carry out the job. 

Thanks,
WB


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## Blinder (21 Jun 2008)

There is some information here, though it is a UK site, but I think the same rules might apply
[broken link removed]



> *[FONT=Arial, Helvetica, sans-serif]Are there some jobs a person with epilepsy can't do?[/FONT] *
> 
> [FONT=Arial, Helvetica, sans-serif]There are very few jobs that people with epilepsy cannot do. There are a few jobs which are restricted by legislation to people with epilepsy who still have seizures or take anti-epileptic medication. [/FONT]
> [FONT=Arial, Helvetica, sans-serif]Each profession has its own specific health regulations. Some of these regulations allow the relevant governing bodies to accept people who have not had seizures for a specified number of years and have not been taking medication during that time. Further details on recruitment policies and guidelines can be obtained from the relevant body.[/FONT]
> ...



[/FONT]


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## shesells (22 Jun 2008)

There was a thing on Joe Duffy a while back about restricted jobs, apparently you can't work in a train or DART station either


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## NicolaM (22 Jun 2008)

Hi
If the occupational health doctor doing a pre-employment medical examination noted that a history of epilepsy might be dangerous for safe performance of your job, based on a detailed job description, yes they could 'fail' you (ie state you are not medically fit for that post), for that particular named job, on the medical fact that you suffer from epilepsy. 
To be honest, you would probably know before the medical if there would be a problem on not: eg HVG driver: you wouldn't be eligible for the job. 
There would be no recourse for this, as it would be based on specific Health and Safety criteria for the job.
(Of course if you were already in the job, it might then fall onto the employers shoulders to change your job description, so that you could continue safely working , perhaps in a different role)

As regards recourse if you felt it was 'unfair' you failed a medical: 
If it comes down to a Health and safely issue, no matter what your personal feelings, are, the doctor would not have been able to pass you.(ie no recourse)
If you felt you were being discriminated against on the basis of having epilepsy , as opposed to being deemed not medically fit for a job due to Health and Safely, that would be a completely different situation, and is covered under the employment equality act 1998 (discrimination on the basis of disability).
It is not _your_ choice to decide if you are medically fit or not, it is based on your job description, your medical examination, and objectively you being fit for the job, given the various Health and Safety legislation,and guidelines for safely at work with epilepsy .

You should look at this site, 
[broken link removed], it has really useful information to help address these issues

Nicola


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## Complainer (22 Jun 2008)

Pre-employment medicals are a bit of a minefield, though I don't think these have been well tested by the courts or tribunals. Medicals should only relate to the requirements of the job, as laid out in the job description. Any other tests could well be seen as unfair and/or discriminatory.



WarrenBuffet said:


> Another question - can you fail a medical if the job you are applying for isn't on the list?


Was the reason for failure anything to do with the requirements of the job?



WarrenBuffet said:


> Finally what recourse do you have if you feel that its unfair that you failed a medical, i.e. it wasnt justified and you were fit to carry out the job.


It is difficult to get any practical recourse. If the employer is a public sector body, they will normally have an appeals process which may shine a light on unfair practices to stop them happening in future. If the applicant is discriminated against on grounds of a disability, they could take a case to the Equality Tribunal.


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