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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49804
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I have epilepsy which has been controlled for about 19 years

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I have epilepsy which has been controlled for about 19 years now. My employer is closing the offices and expecting me to do homeworking, I have said I'm not comfortable with that. We would be using a new system which is stressful and the last fit I had was when I worked from home and I don't want to risk going back 19 years, I have a full driving licence now and if I get stressed and end up fitting again that will be gone. My employer said home working is a suitable alternaive and I have said it isn't. They are sending me to see Occupational Health, Do I have to actually have a fit before they accept that homeworking is not a good choice for me
Assistant: Where are you located? It matters because laws vary by location.
Customer: Fleet Hampshire uk
Assistant: Has anything been filed or reported?
Customer: my employer is aware I have controlled epilepsy
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: no I dont think so
Customer: replied 6 months ago.
I should also add they are making staff that cannot do any processing redundancy but the staff that can process are not being given the choice it's homeworking or nothing

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Does the employer have the more formal details of why you do not believe it is suitable?

Customer: replied 6 months ago.
I've told them that the last time I had a fit was because i was working from home then I lost my driving licence and I don't want to risk that again
They are sending me to Occupational Health but I can't see how they would find out anymore than they already know

Is there any independent evidence of that, for example have you discussed it with a specialist, your GP, etc?

Customer: replied 6 months ago.
I've got an appointment with my GP this week; shall I get the dates in writing from him for the last seizure so I can confirm it was when I worked at home.
My seizures always seemed to come on from stressful situations, we will be working from home on a new system that we would have had about three weeks to learn and that's stressful enough without colleague interaction in between
Customer: replied 6 months ago.
The problem I seem to have is because it's controlled and has been for so long, they think there is nothing wrong but I make sure my work/home balance isn't stressful and it will be detrimental to me to combine the two. I'm not sure what else I can take to the Occ Heath person and where would I stand if they then say that I have to home work?

It is not so much the dates of when it happen but the reasons for it. Simply showing that it happened at the time you worked fro he does not mean that was the reason for it - you need something more concrete like medical evidence or a professional’s opinion that these conditions would affect your medical situation and make working from home unsuitable. So whilst you can try and get that from your own doctor, I would still suggest you see OH about it and discuss it in some more detail - if you have the medical evidence to bring with you, then that would be better.

In the end you cannot force the employer to accept your argument it is unsuitable. If hat happens then you may have to resign and then pursue them for constructive dismissal and potential discrimination. Of course it should be a last resort but it is there if you need it.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 6 months ago.
Okay Thank you for your assistance, I will get more details to take with me

best of luck