Morning I have a scenario developing at work where a colleague has been retasked by there line manager, without qualifications. After a period of time they have approached the line manager with concerns that the role is to tough. Basically He has said other colleagues are not struggling and their job is at risk, she should not let her personal life effect work. She has left the company claiming constructive dismissal. Where do they stand legally from a H&S point of view?

Hi Apologies I am being vague the job requires a level of competence and qualification it is not dangerous the issue is they are alleging they have been told her other male counterparts are doing ok, if they does not achieve their jobs are at risk My query is from a legal point of view is one of sexism, induced stress from pressure management which I believe are HR issues but where is the legal position in respect to H&S of the company

The ex-employee has apparently not been harmed by work activities. I agree: No H&S issues.

I guess what I am asking is she is claiming unfair/constructive dismissal should she be successful is there any contravention of H&S legislation that we would need to respond to. Stress, Pressure

I'm not sure if I'm missing something here. Her claim will be dealt with by the employment tribunal, and there is no reason to think your H&S enforcing authority will become involved in any way. You don't have to answer to the employment tribunal in any way, it will simply decide on her claim and if she succeeds, tell you what you have to do about it (normally, to pay compensation). If her claim is successful then it is just good business sense to review what the failings have been that allowed this situation to happen. What she is claiming sounds more like bad management than contravention of health and safety law.

Kate seems to have suggested the correct approach to me. Don't jump the gun for now and see how this 'pans out'. Many such cases don't get to the ET but rather settled before it gets that far; sometimes on the steps of the tribunal!

Perhaps I should add that it is not in the employment tribunal's remit to rule on whether or not health and safety law has been breached. They are only concerned with employment law and the facts of the case. So if you are wondering whether the employment tribunal's findings may include that there has been a breach of health and safety law, the answer is no (although of course they might find that the employer's practices have affected the claimant's health).

Because, to paraphrase Oscar Wilde "Blaming Health and Safety is the last bastion of a scoundrel" Rodger Ker