Sattalk:
Well because I told the transport manager I was diagnosed with it and he said bye bye that in my mind is discriminatory against myself due to sleep apnea.
Why not wait and let the process go through its motions and then decide.
Now I’m of the opinion that if I mention this to new employers my job prospects are none existent and if I keep it to myself and they find out I could get the sack.
So you tell me why it isn’t discrimination?
On a probationary period an employer can get rid of you for virtually no reason with virtually no come back on them.
Discrimination
the unjust or prejudicial treatment of different categories of people, especially on the grounds of ethnicity, age, ■■■, or disability
OSA on its own is not classed as a disability, however a person could be entitled to disability benefits dependent on a number of factors which may mean it COULD be classed as a disability and therefore a person would be entitled to disability benefits like PIP etc. Bit again you were on a probationary period and such would have no case.
You say you have been diagnosed with sleep apnoea, which means you cannot fulfill your role as a driver the job you applied for and were taken on for.
A company can of course offer to give a driver other duties in this scenario but are under no obligation to do so, or they can make you go on sick leave, which may be company sick pay or only SSP, until such a time as you can fulfill your duties again.
It is your responsibility to ensure you are fit to drive medically wise, no one else’s. Sleep apnoea is a very dangerous condition for yourself and for anyone else on the roads, it really is as simple as that. Would you want to knowingly risk falling asleep at the wheel of a truck and possibly kill someone/yourself and then end up in prison for it?
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