Exposure to mould (commonly referred to as “mold” in American English) in the workplace can pose serious health risks and create difficult working conditions for many employees across the UK. At Stephensons, our employment solicitors regularly advise individuals who have experienced workplace health problems due to mould exposure. Understanding your legal rights in these situations is essential, especially when your employer may be failing in their duty to provide a safe working environment. This page provides detailed guidance on your rights as an employee if mould is present in your workplace.
Understanding mould in the workplace
Mould is a type of fungus that thrives in damp, humid environments. It can grow on walls, ceilings, carpets, and other surfaces, especially where ventilation is poor or there has been a water leak or flood. In the workplace, mould can often go unnoticed until it begins to affect the health of employees or significantly damage the work environment.
Common causes of mould in the workplace include inadequate building maintenance, poor ventilation, leaks from plumbing or roofs, and high humidity levels. The presence of mould in any business premises is not just a structural or cosmetic issue – it becomes a legal matter when it starts to compromise employee health and well-being.
Health risks associated with mould exposure
Mould exposure can cause a variety of health problems, especially for individuals with asthma, allergies, or weak immune systems. Prolonged or high-level exposure can lead to more serious respiratory conditions or allergic reactions. Common symptoms include:
- Persistent coughing or wheezing
- Eye, nose, or throat irritation
- Skin rashes or irritation
- Sinus congestion or headaches
- Fatigue and breathing difficulties
If you notice that your symptoms improve while away from work or worsen when at your place of employment, mould may be the underlying cause. In such circumstances, your employer has a legal responsibility to act swiftly and appropriately.
Employer's legal duties regarding mould
Under UK health and safety legislation, employers owe a duty of care to their employees. This includes providing a safe and healthy working environment. Legislation such as the Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 (COSHH) place legal obligations on employers to control risks, including biological hazards like mould.
The presence of mould in the workplace may indicate a breach of these legal duties. Employers are required to:
- Assess the risk of exposure to hazardous substances, including biological agents
- Take appropriate preventative or remedial action
- Inform and train employees regarding potential health hazards
- Provide suitable welfare facilities and ventilation
If your employer has failed to meet these requirements and you have suffered ill health as a result, you may be entitled to take legal action or raise a formal complaint about the unsafe conditions.
Your rights as an employee
Every employee in the UK has the right to work in an environment that does not jeopardise their health. If mould is present in your workplace and your employer has not taken the appropriate measures to rectify the issue, you may be entitled to take the following steps:
- Report the issue to your line manager, HR department or union representative
- Request a health and safety inspection of the premises
- File a formal grievance with your employer
- Make a report to the Health and Safety Executive (HSE)
If your health has been affected and your employer has not adequately addressed the risks, you may also have grounds to bring a personal injury or employment claim.
Raising a grievance about mould
If your concerns about mould have not been dealt with informally, it is advisable to raise a formal grievance. This is a procedural step that allows employees to document their concerns and request action through official channels. Your employer is required to follow a fair grievance procedure, and any failure to resolve the issue may form the basis for further legal claims.
Keep a record of any communications with your employer, including emails, letters, or meeting notes, as these may serve as evidence if a claim is pursued later.
What to do if your health has been affected
If you believe that mould exposure in the workplace has caused or worsened a health condition, it is important to seek medical advice as soon as possible. A medical diagnosis can help establish a link between your environment and your symptoms – a key component in any potential legal claim.
You should also notify your employer in writing of the health impact and request they take swift action to remove the mould and ensure the workplace is safe. Failure to act may constitute employer negligence.
Can I refuse to work in a mould-affected environment?
Employees have the right under section 44 of the Employment Rights Act 1996 to remove themselves from dangerous work situations if they have a reasonable belief that they are in serious or imminent danger. If mould poses a clear health risk, and your employer fails to act after being made aware of the issue, you could be within your rights to refuse to work in that environment.
However, such action should be taken with legal advice, as refusal to attend work could lead to disciplinary measures if not handled correctly. Seeking legal guidance before making this decision is strongly recommended.
Can I make a legal claim against my employer?
If your employer has breached their duty of care and you have suffered illness or injury as a result of mould exposure, you may be able to pursue a claim for compensation. Claims can be made through:
- Personal injury claims – for illness caused by employer negligence
- Constructive dismissal – if you were forced to resign due to ongoing unsafe conditions
- Disability discrimination – if your condition amounts to a disability and your employer has failed to make reasonable adjustments
Each situation is unique, and the success of a claim will depend on the specific facts and evidence available. At Stephensons, we can assess your case and advise you on the best course of action.
Time limits for taking action
It is important to be aware of time limits when taking legal action. For personal injury claims, you normally have three years from the date you became aware of your illness or injury. Employment claims such as constructive dismissal or discrimination must usually be brought within three months (less one day) from the date of the last act complained of.
Delays in seeking advice or issuing a claim can affect your legal rights, so it is important to act promptly.
How Stephensons can help
At Stephensons, our employment law team has extensive experience advising individuals facing unsafe or unlawful working conditions. If you have been affected by mould in the workplace, we can assist you in understanding your rights, raising a formal complaint, negotiating with your employer, or pursuing legal action if necessary.
Whether your case involves illness, breach of health and safety duties, or a breakdown in the employment relationship, our experienced solicitors are here to guide you through every step of the legal process.
Get in touch
To speak with one of our specialist solicitors, contact us today by completing our enquiry form.
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