Suspected sleep apnea and not informed DVLA

[CuriousRunner]

Employer here. (Well DH is. So I end up employer-by-proxy 🤣) To be clear, posting here for chatty advice and thoughts. Of course I’ll be actually seeking proper advice. But it’s a Sunday. And my brain likes to filter information like poo through septic tank layers. Various puzzle pieces are coming together and tomorrow action will be needed.

We’ve got an employee with suspected sleep apnea. I know pretty much nothing about the condition except what I’ve read in the last half a hour. But it is possible it is causing extreme tiredness. Likely no UK GP records as he goes him to his home European country for treatment.

There was an incident at work yesterday. This guy drives as part of his job.

My normal HR process would roughly be:
Invite someone for a meeting
Always start that we’re working together etc etc
State that while we make investigations moving employee to different duties or even suspend on full pay

BUT this guy drives an hour to/from work 🤔 This meeting would be better done face to face and roughly as above. But the idea of bringing someone to work for a meeting where we could likely remove him from driving duties while he’s here and then asking him to drive for an hour to have that meeting just jars with me!

I’d welcome anyone’s lay or informed opinion 😊

You’re not his employer I’d but out and let that ‘septic tank’ of a mind rest

Def OH for starters - you need professional advice here.

You've said a couple of times that he returns to his home country to receive treatment. That doesn't make sense. The treatment is to use a CPAP machine while you sleep, every night. It's not something you recieve every few weeks/months and then crack on like normal in between.

@MrTiddlesTheCat he had an operation. More common outside the UK apparently 🤷‍♀️

@JohnofWessex good point.

Yes. What you say absolutely lines up with my reading.

@Tipofthecattoes I have no role in the business yet I do the books, the payroll, comms with solicitors, accountants etc. I work to my strengths to help DH as my “life partner” 🤷‍♀️

You need to be given an official title to go with the role you fill in the business as you are acting in a decision making capacity.

The business is allowing you a legal "third party" access to personal data without data subject premission and with no legal means of controling your actions.

You could also end up being sued in a personal capacity without being able to draw on the resources of the company. And I am assuming that the business is set up as a company to limit your partners personal liability? If not you need to get that sorted asap as your his motor insurance policy will give the insurer a righ to recover paid claims to third parties off the insured where the insured created an avoidabe loss.

I reported it to his company so they could deal with it. He still works for them so not sure if they took any action or not. I am not in the UK myself but that is where his company is and where he drives so I was leaving it with them.

People with sleep apnea can have driving jobs. In fact I think it's more prevalent - the phrase is snoring like a trucker for a reason! There are genetic causes of sleep apnea and lifestyle ones. If you don't move much in your job, are overweight etc it's much more likely. All things that are common in driving jobs.

When my DH was referred to sleep clinic they asked if he had a driving job as they fast track the ones that do to get them on CPAP.

that would be a very wise move for all concerned.

if he tried to take you to tribunal for discrimination and you've gone through all the correct procedures, your argument is that you've taken that step because
of serious safety concerns and you have a duty of care to the public.