Thank you. As no standalone claim exists for being exposed to unhealthy working environment, the affected employee has the following options open to them if they were going to challenge their employer over this:
1. Grievance - this is a formal internal complaint, following which the employer is obliged to investigate the issues and deal with them in an appropriate manner. It should always be the first step in trying to bring the problem to the employer's attention and to try and reach a resolution.
2. Constructive dismissal - this occurs where the employee resigns because they feel they were left with no other option in the circumstances. Further considerations include:
· It must be shown that the employer had acted in breach of the implied terms to provide a safe system of work or through their actions (or inactions) had broken the mutual trust and confidence
· The breach relied on must be sufficiently serious to justify instant resignation
· This claim is only available to those with at least 2 years' continuous service with their employer and must be made within 3 months of resigning.
3. Personal Injury - this is a claim for negligence against the employer. Further considerations include:
· Some recognised illness must have been suffered. This could include clinical depression, specific trauma stress, a physical injury (e.g. stroke), etc.
· The illness must have been caused directly by the employer's negligence, such as failing to appropriately deal with managing health risks in the workplace
· The illness must have been reasonably foreseeable - for example if the employee experienced one breakdown, that would have indicated to the employer that there is a problem and that further issues could arise if things were not dealt with appropriately.
· The time limit to claim is 3 years from the time the injury was suffered.
In the first instance, I would advise going down the grievance route first and only consider pursuing legal action as a last resort if it is evident that the matter cannot be resolved in any other way.