Dismissal due to poor eyesight?

Tama_3

Hello all, need some advise on whether my employer has the right to dismiss me, or whether I can ask for a redundancy package due to eyesight problems? Long story short, I am/was a Graphic Designer and had laser surgery on my eyes 2 months ago to cure short sightedness. The surgery has left me with vision problems that make it very difficult for me to work on a computer and I've been on sick leave ever since. More surgery might correct my problems or it might not. In any case, it will be at least another 2 to 3 months before I know if the additional surgery can go ahead.
I know that it's the duty of my employer to try and find other duties for me but realistically, there is nothing else I can do for them that doesn't involve working on a computer.
I'm getting to a point now where I have to face the fact that I might not ever be able to work as a Designer again. So with that in mind, would it just be better to discuss voluntary redundancy with them before they decide it for me?

dmg24

On the information given, your employer could dismiss you for reason of incapability. Though some employers will offer a severance package, there is no obligation on them to do so.

Freddie_Snowbits

First are you in a union?

I do not know, but as you are employed as a Graphic designer, you previously were able to do the job. Technically, you are now not able to do this due to the operation, which your employer is not responsible for. I would suggest you look into recompence from those that provided the surgery.

(Note freddie also has poor eyesight and on asking about similar surgery was advised that it would not cure my condition. As I am now getting on a bit, I also suffer from Long sigthedness as well)

Horace

Don't resign and don't ask for voluntary redundancy. Contact Access to Work (www.direct.gov.uk/accesstowork) as they can arrange for a site visit and make recommendations and part fund any adjustments required to keep you in a job.

It is possible to continue to use a computer even if you are sight impaired because you can use specialist software that either magnifies things or uses speech - again you will need to contact Access to Work to find out about these especially as they will part fund any workplace adjustments.

I have a sight impairment although you wouldnt know it if you saw me as I have no central vision in my left eye at all which has been caused by glaucoma - this is something that started when I was employed but now I run my own successful business, so I understand where you are coming from.

HTH

Tama_3

No, I'm not in a Union.
My employer has been very understanding up to this point because both they and me were under the impression that it was just matter of time before my vision had healed enough to return to work. The news from my surgeon literaly a few hours ago that this is going to drag on for many more months or might not ever improve has really shocked me.
I'm just trying to work out where I stand in terms of employment law before I phone my boss and give her the news.

Tama_3

Thanks HTH, I will look into that.

Just to clarify, I can still operate a computer (obviously!) I just can't spend 8 hours a day working on it like I used to because of double vision and ghosting/glare problems.

Horace

OP as said before contact Access to Work - your employer can dismiss on the grounds of incapability but you are a long way off that just yet and surely, its better to try and stay in the job than sit on the dole where it will be even harder for you to find work. If you are dismissed because of your sight impairment then you could possibly seek recompense through the employment tribunal for unfair dismissal on disability grounds. Unfortunately, laser eye surgery has risks attached and as you have discovered your eyesight can end up being worse than it was so I am not sure if you could sue the people who performed the operation because you would have been notified of these risks beforehand.

You can also seek help from the RNIB and from The Shaw Trust (https://www.shawtrust.org.uk) as this is a charity which helps disabled people stay in work

dmg24

Tama wrote: »

Thanks HTH, I will look into that.

Just to clarify, I can still operate a computer (obviously!) I just can't spend 8 hours a day working on it like I used to because of double vision and ghosting/glare problems.

Could you cut your hours, or would this not solve the problem?

Horace has given excellent advice on the potential for adaptations, however given what your surgeon has said regarding your prognosis, I would disagree that you are a long way off from dismissal.

zzzLazyDaisy

The fact that you are not able to do the work due to health reasons may form grounds for a capability dismissal, provided the employer follows proper procedures.

It sounds like you probably meet the disability criteria which means that your employer has a duty to make reasonable adjustments to try to avoid you having to give up work, but if you feel there are no changes that could be made (hours, equipment, role) then that is going to be a non-starter.

Unfortunately this is not a redundancy situation as the employer still has a need for someone to do this work. They may be willing to make you a severance package but they are not obliged to, although you may be entitled to notice pay.

One other thing, if you have company sick pay, they can't lawfully termonate your contract while you are within the sick pay period.

Also, if you resign, rather than being dismissed, you may face sanctions on your benefits (I don't know enough about this to comment, but the benefits board will tell you)

hth

Daisy

Rockporkchop

Really sorry to read of your predicament OP, I do hope your eyesight is fully restored soon. I was just researching laser eye surgery this morning, this really makes you think.

Was the problem caused by negligence on the part of the surgeon or was it one of the "side effects" you are warned about before having the surgery? Just wondering whether you are able to claim compensation at all for loss of earnings, if it came to it.

Tama_3

dmg24 wrote: »

Could you cut your hours, or would this not solve the problem?

I was going to put that to them. However, I am currently signed off by my GP and recieving sick pay so do I really have to worry about any of this for the time being you think? My ruined vision is enough to worry about at the moment to be honest...

Very glad I posted though, you've all been very helpful.