Sleep apnoea HGV driver claims disability discrimination

An Employment Tribunal has ruled that a lorry driver suffering from obstructive sleep apnoea should be considered disabled, and has given the go ahead for his disability discrimination claim to proceed, the Glasgow Daily Record has reported.

George Webster was diagnosed with obstructive sleep apnoea in March 2006. Sleep apnoea occurs when the muscles that hold the throat open relax as the person falls asleep. The airway is blocked off, prompting an increased pulse rate and blood pressure, which in turn lightens the level of sleep so the throat reopens.

People with the disorder never get into deep levels of refreshing sleep, waking in the morning feeling exhausted. Most are unaware they are suffering sleep deprivation and attribute their tiredness to "burn out".

The disorder meant that Webster was forced to pull over two or three times a day and sleep for 10 to 15 minutes while he was working.

In March 2006, he was dismissed by Aberdeen firm ARR Craib Transport prompting Webster to bring his disability discrimination and unfair dismissal claims.

The company argues that Webster was not disabled and could carry out normal daily tasks when they sacked him.

As Workplace Law previously reported, a Respironics study, featured on BBC1's Real Story, suggested that one in six HGV drivers could suffer from sleep apnoea.

Of those drivers who participated in the study one in three were shown to have some form of sleep apnoea, with about one in six suffering from such a severe form of the illness that they needed treatment.

With an estimated 500,000 HGV drivers on Britain's roads, if the pattern was repeated across the UK, about 80,000 could need help.

A problem for employers lies in the fact that some drivers who suspect they may have the condition are too frightened to come forward because DVLA regulations state that all driving must cease on diagnosis and cannot be resumed until the DVLA has received confirmation from a specialist that the condition is controlled. Many drivers fear that they will lose their job during this time.

Employers also have a vested interest in ensuring their drivers are safe to work, as the law classes a vehicle as a place of work. Employers and managers have a duty of care under the Health and Safety at Work Act to ensure the safety of everyone working on their behalf, including drivers. For this reason many companies have instigated screening programmes and health checks for their drivers in an effort to benefit all parties concerned.