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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50483
Experience:  Qualified Employment Solicitor
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I was grabbed on the shoulder, whilst carrying labels in

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I was grabbed on the shoulder, whilst carrying labels in both hands, from behind by my md on the factory floor. He wanted me to go back and wash my boots and hands before entering the factory floor, although there is nowhere to put the labels whilst doing this. Because I do not like being touched, I have Aspergers, of which they are aware, a heated discussion ensued, to which I walked out. I now do not know what to do?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long did you work there for and when did you leave?

Customer: replied 4 months ago.
I am not sure if you received my last reply, here it is again.
I have worked there for approximately 12 years and left after the discussion on Monday 15/1/18.

Thank you and no, sorry, I only received the last reply. If you left in the heat of the moment, then you will have the right to change your mind. This can only happen a day or two after the incident so if you are going to do it then you should do so today at the latest. The argument is that you did not really mean to resign but did so in the heat of the moment and after being faced with the situation in question.

You may, however, not wish to return and for the resignation to stand. In that case, now that you have left, your only option is t consider pursuing the employer for constructive dismissal, for being forced to leave as a result of their actions. You have 3 months to take this further now and the good news is that it is a free claim so the risks are relatively low.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you are to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
I have just phoned work. They say there is a letter in the post saying when I come back to work they would like a meeting with me. I have said I will return to wok tomorrow. If the meeting does not have a positive outcome and feel I have to leave, can I still claim unfair dismissal?

Thank you. If you decide to leave then you would be resigning and claiming constructive dismissal instead (unfair dismissal is when you are dismissed).

This is not always an easy claim and you must be able to show that there was a serious breach of contract by the employer which resulted in you not being able to carry on working there. It would be a stronger case if this was an ongoing issue which you have talked to them about and asked that it does not happen, rather than a one off incident which just happened to get out of hand

Customer: replied 4 months ago.
Thank you very much for your help.
Would be more than happy to use this service again and will recommend.

Many thanks and all the best