Lost job because of eyesight

edenkane

Hello I was asking for some advise. 
I was employed maintenence street lights driving a cherry picker for over a year and enjoyed my job. Unfortunately my eyes have deteriorated to the point that my employer put me through an eyetest which I failed the driving standard. With that I was told I could no longer work for them and sent home. So no other work was offered just feel persecuted. What steps could I take? 

Emmia

As you've been with them for less than two years they can let you go quite easily. Meeting the eyesight requirements for a job involving driving is a fundamental safety issue, and the employer may not have other suitable work.

Have you sought medical assistance to see if your eyesight loss can be treated or managed?

MattMattMattUK

edenkane said:

Hello I was asking for some advise. 
I was employed maintenence street lights driving a cherry picker for over a year and enjoyed my job. Unfortunately my eyes have deteriorated to the point that my employer put me through an eyetest which I failed the driving standard. With that I was told I could no longer work for them and sent home.

If your job requires you to be able to drive and you are not able to do that because you do not meet the legal eyesight standard then there is little that can be done about that.

edenkane said:

So no other work was offered just feel persecuted. 

They do not have to offer you other work. Were you sent home on paid leave, unpaid leave, dismissed with notice, dismissed with immediate effect? I think it would be worth trying to take a pragmatic view of things, there is no persecution going on, it is all about risk, safety and legislation.

edenkane said:

What steps could I take? 

The first step I would be taking would be seeing a doctor and/or optician depending on what the sight issues are and what is causing them. With relation to employment it depends what happened, but them dismissing you for being unable to do the job and/or issues meaning you cannot be compliant with health and safety requirements is not something you have any direct rights about, as long as they followed process they are within their rights to do that. Remember though that as your employment was less than two years you have very few employment rights. 

imperial1

If you were dismissed due to failing an eye test, your employer may have breached the Equality Act 2010 if they didn't explore alternative roles or make reasonable adjustments. You should:

1. Appeal the dismissal formally through your company’s grievance procedure.

2. Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation and advice.

3. Speak to a solicitor or a union rep (if you have one) about a possible disability discrimination or unfair dismissal claim.

marcia_

imperial1 said:

If you were dismissed due to failing an eye test, your employer may have breached the Equality Act 2010 if they didn't explore alternative roles or make reasonable adjustments. You should:

1. Appeal the dismissal formally through your company’s grievance procedure.

2. Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation and advice.

3. Speak to a solicitor or a union rep (if you have one) about a possible disability discrimination or unfair dismissal claim.

 Thanks for letting the OP know this. The standard response here is that discrimination cases are impossible to prove and discourage posters from taking that route. 

born_again

edenkane said:

Hello I was asking for some advise. 
I was employed maintenence street lights driving a cherry picker for over a year and enjoyed my job. Unfortunately my eyes have deteriorated to the point that my employer put me through an eyetest which I failed the driving standard. With that I was told I could no longer work for them and sent home. So no other work was offered just feel persecuted. What steps could I take? 

Do you wear glasses?
Had a eye test recently?

Would be odd to fail a eye test for driving & not be wearing glasses.

magpies79

Isn't this a bit of a rash reaction I work on the railway and we have medicals which require drug screening and eye tests if I was to fail an eye test I'd be put onto different duties until I had a eye test 
then rebook in for another medical that's happens if I've been there 6 months or 6 years seems harsh to me.

should they at least be offered the Chance to get an eye test to resolve the issue?

Like they must have people working there that require glasses 🤓.

LightFlare

marcia_ said:

imperial1 said:

If you were dismissed due to failing an eye test, your employer may have breached the Equality Act 2010 if they didn't explore alternative roles or make reasonable adjustments. You should:

1. Appeal the dismissal formally through your company’s grievance procedure.

2. Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation and advice.

3. Speak to a solicitor or a union rep (if you have one) about a possible disability discrimination or unfair dismissal claim.

 Thanks for letting the OP know this. The standard response here is that discrimination cases are impossible to prove and discourage posters from taking that route. 

with less than 2 years employment they are virtually impossible to win

marcia_

LightFlare said:

marcia_ said:

imperial1 said:

If you were dismissed due to failing an eye test, your employer may have breached the Equality Act 2010 if they didn't explore alternative roles or make reasonable adjustments. You should:

1. Appeal the dismissal formally through your company’s grievance procedure.

2. Contact ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation and advice.

3. Speak to a solicitor or a union rep (if you have one) about a possible disability discrimination or unfair dismissal claim.

 Thanks for letting the OP know this. The standard response here is that discrimination cases are impossible to prove and discourage posters from taking that route. 

with less than 2 years employment they are virtually impossible to win

 If you say so dear 🙄
 Been there done that and won 🥇 

lincroft1710

imperial1 said:

If you were dismissed due to failing an eye test, your employer may have breached the Equality Act 2010 if they didn't explore alternative roles or make reasonable adjustments. .

A bit difficult to "make reasonable adjustments" if the job is driving a vehicle and the employee is not safe to drive a vehicle. 

Emmia

born_again said:

edenkane said:

Hello I was asking for some advise. 
I was employed maintenence street lights driving a cherry picker for over a year and enjoyed my job. Unfortunately my eyes have deteriorated to the point that my employer put me through an eyetest which I failed the driving standard. With that I was told I could no longer work for them and sent home. So no other work was offered just feel persecuted. What steps could I take? 

Do you wear glasses?
Had a eye test recently?

Would be odd to fail a eye test for driving & not be wearing glasses.

I wondered if this "issue" came to light following an incident of some sort...