Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
What do you actually wish to achieve in this situation?
To ensure I am covered in case I get seriously ill, and have enough to cover any extra health issues that might arise. I do not want to find I suffer financial depriation in the future because of this situation. I intend to lodge a formal complaint next week.
The employer would have had a duty under health and safety laws to ensure your health and wellbeing in the workplace so if there were issues such as this one that potentially exposed you to a health risk, failure to deal with it could place them in breach of the law.
At this stage, if you have not actually been diagnosed with a condition that has been suffered as a result of this, you cannot make a claim against them, at least not for personal injury. To do this you need to have actually suffered an injury, not just have been exposed to something that may cause an injury in the future. So it means that if you are diagnosed with a condition in the future and you suffered this as a result of the employer's negligence, in this case their failure to deal with this obvious hazard, you can make a personal injury claim against them to seek compensation for the injuries you suffered.
The law is not punitive, it is not there to punish them now and compensate you for this if no actual injuries have been suffered, so you need to have been diagnosed with something before you can actually claim.
In terms of other claims you can make, the only other possibility is a claim for constructive dismissal where you are forced to resign due to unacceptable behaviour by the employer. However, such a claim would only compensate you for future loss of earnings so if you were retiring anyway and were not planning on working any more, you would not have suffered losses and as such a claim for constructive dismissal would be pointless.
Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?