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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Continuing the concern above what is my right regarding walking

Resolved Question:

Continuing the concern above what is my right regarding walking away from the confrontation if I feel uncomfortable does this give the employer grounds for gross misconduct or any other penalty toward me?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean if the actual act of walking away can be used by the employer against you?
Customer:

Yes so if they claim it was misconduct that I left the room/building / disobeyed them or something similar

Ben Jones :

Hi, sorry for the delay, got called in for some meetings earlier. To be honest the position will not really change because the main issue is still your length of service. So even if you walk away from a confrontational situation and were right in doing so, the employer could use this as an excuse to dismiss you. I would not say that it is gross misconduct because there are reasons for you doing this and it is not just an unreasonable refusal to do the work, you are after all acting in response to a situation you have been placed in that is unwarranted and unwelcome, but it can still be used by the employer to dismiss you if they wanted to. Remember that they can use more or less any reason to terminate your employment, including allegations you walking away from this.

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