News4 mins ago
Returning to work after an accident
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I had an accident a year ago on board the ship I work on. I was signed off for a total of 34 weeks having badly broken my shoulder and having had 2 operations (I still need a third), I did carry out some voluntary work for the charity I work for in that time. I then returned to light duties in the office. I went back to sea 3 weeks ago, the first week was very difficult I ended up back on medication for the pain and swelling, I could not safely carry out all my duties In the 2nd week I was asked to cover on a different ship, I found this one a lot easier, I was more comfortable and stopped taking painkillers again. This position has now become vacant so I aksed to change over. I have been turned down. I feel this is totally unreasonable. I am worried about returning to my own ship as I know how difficult it will be and am so scared about hurting myself again that I am considering resigning. where do I stand legally?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Did you have an occupational health check by your employers before you returned to sea duties? That would have defined whether you are fully fit to return to normal duties, or whether lighter/different work was recommended.
Re the vacancy on ship 2, is that being advertised as a vacancy so you would have to apply against other people? Your company can't stop you doing that but I believe that can decline a transfer, particularly if it might be more difficult to fill your job on ship 1.
Don't resign, that gives you no rights at all, unless you can prove constructive dismissal. Are you in a union or do you have a staff representative? That to me would be your best route, seek their advice first - they know the score and will either tell you that the company is right, or that they will help you to resist the change.
Re the vacancy on ship 2, is that being advertised as a vacancy so you would have to apply against other people? Your company can't stop you doing that but I believe that can decline a transfer, particularly if it might be more difficult to fill your job on ship 1.
Don't resign, that gives you no rights at all, unless you can prove constructive dismissal. Are you in a union or do you have a staff representative? That to me would be your best route, seek their advice first - they know the score and will either tell you that the company is right, or that they will help you to resist the change.