Dismissal for Refusing Reasonable Management Instruction

Following reasonable management instructions is a fundamental employment obligation. But employees have the right to refuse unreasonable, unlawful, or unsafe instructions.

What Is a Reasonable Instruction?

Basic Test

An instruction is reasonable if:

Factor	Requirement
Lawful	Not requiring illegal activity
Safe	Not creating health and safety risk
Within role	Covered by contract and job description
Non-discriminatory	Not based on protected characteristic
Proportionate	Reasonable in circumstances
Authorized	From someone with authority

Contractual Duties

Instruction must fall within:

• Express terms of contract
• Job description
• Reasonable flexibility
• Custom and practice
• Implied terms

When Refusal Can Lead to Dismissal

Insubordination

Persistent refusal of reasonable instructions:

• Repeated refusal
• After warnings
• No valid reason
• Undermines management authority
• May be gross misconduct

Fair Dismissal Requirements

Must show:

1. Instruction was reasonable - lawful, safe, within role
2. Clearly communicated - employee understood
3. Refusal was clear - not just delay or misunderstanding
4. Warnings given - except if gross misconduct
5. Fair process - investigation, hearing, appeal
6. Proportionate - dismissal within reasonable responses

Example Fair Dismissals

Scenario	Why Fair
Repeatedly refused assigned duties within job role	Reasonable instruction, persistent refusal
Refused to follow safety procedure, after warnings	Safety instruction, insubordination
Refused reasonable management direction, no cause	Clear insubordination

When Refusal Is Justified

Unreasonable Instructions

Right to refuse if instruction is:

• Illegal or unlawful
• Dangerous or unsafe
• Outside contracted duties
• Discriminatory
• Punitive or bullying
• Unreasonable in circumstances

Examples of Unreasonable Instructions

Instruction	Why Can Refuse
Falsify records or accounts	Illegal
Work without safety equipment	Unsafe
Perform tasks completely outside role	Beyond contract
Work unpaid extra hours regularly	Unreasonable
Do something discriminatory	Unlawful

Protected Refusals

Cannot be dismissed for refusing:

• Illegal activities
• Unsafe work in dangerous conditions
• Discrimination against others
• Whistleblowing situations
• Activities breaching professional ethics

Illegal or Unlawful Instructions

Right to Refuse

Must refuse instruction to:

• Commit criminal offence
• Breach regulations
• Falsify documents
• Defraud customers
• Engage in corruption
• Breach professional rules

Protected Refusal

Dismissal for refusing likely:

• Automatically unfair
• Public interest disclosure (whistleblowing)
• Protected by law
• Strong tribunal case

Examples

Cannot be required to:

• Cook food without hygiene certificate
• Drive without appropriate licence
• Sign false tax documents
• Discriminate against customers
• Breach data protection laws

Health and Safety

Right to Refuse Unsafe Work

Protected under Health and Safety at Work Act:

• Refuse work in serious and imminent danger
• Cannot be dismissed or victimized
• Automatically unfair if dismissed
• Strong legal protection

What's Dangerous?

Circumstances of serious and imminent danger:

• No safety equipment provided
• Clearly hazardous conditions
• Reasonable belief of serious risk
• Immediate danger present

Not Just Discomfort

Must be genuine safety issue:

• Not mere preference
• Not minor inconvenience
• Objective danger
• Reasonable belief required

Examples

Can refuse:

• Working at height without harness
• Handling chemicals without PPE
• Entering unsafe structure
• Operating faulty equipment
• Working alone in high-risk situation

Outside Contracted Duties

Job Description Limits

Cannot usually insist on:

• Work completely outside role
• Tasks requiring different qualifications
• Responsibilities far beyond grade
• Work in different location (without clause)

But Flexibility Expected

Most contracts include:

• "And other duties as required"
• Reasonable flexibility
• Tasks reasonably related to role
• Temporary cover in emergency

Assessing If Reasonable

Consider:

• How far outside normal duties?
• Temporary or permanent?
• Within your skills?
• Reasonable in circumstances?
• Industry practice?

Examples

Instruction	Reasonable?
Admin staff help with mail during busy period	Likely yes
Software developer told to clean toilets	Likely no
Manager covers colleague's holiday	Likely yes
Accountant told to do manual labor regularly	Likely no

Contract Changes by Instruction

Cannot Change Terms Unilaterally

Instruction cannot:

• Reduce your pay
• Worsen your hours
• Remove benefits
• Fundamentally alter role
• Change location permanently

Without your agreement.

Breach of Contract

Forcing contract changes through instruction:

• Breach of contract
• Right to refuse
• Potential constructive dismissal
• Cannot fairly dismiss for refusal

Disciplinary Context

During Investigation

Instruction to:

• Attend investigation meeting
• Provide information
• Cooperate with process

Usually reasonable, must comply.

During Suspension

Instruction to:

• Stay away from workplace
• Not contact colleagues about matter
• Be available for meetings
• Return company property

Usually reasonable if suspension proper.

Assessing Reasonableness

Factors Tribunal Considers

• Nature of instruction
• Employee's role and duties
• Contract terms
• Custom and practice
• How instruction given
• Employee's reasons for refusal
• Proportionality

Objective Test

Not just:

• What employer thinks reasonable
• Or what employee thinks reasonable
• But objective assessment
• Would reasonable employer give instruction?
• Would reasonable employee comply?

Warning and Process

Before Dismissing

Except for gross misconduct, should:

1. Clarify instruction - ensure understood
2. Explain importance - why necessary
3. Hear objections - why refusing?
4. Address concerns - if valid
5. Warn of consequences - what will happen
6. Give chance to comply - opportunity to reconsider
7. Follow discipline process - if persists

Gross Misconduct

Single serious refusal may justify dismissal without warnings if:

• Serious insubordination
• Critical instruction
• Wilful refusal
• Serious consequences
• But process still needed

Constructive Dismissal Risk

Unreasonable Instructions

Persistent unreasonable instructions may:

• Breach trust and confidence
• Breach contract
• Entitle resignation
• Constructive dismissal claim

Examples

Forcing employee to:

• Work in unsafe conditions
• Do illegal acts
• Accept worse contract terms
• Work hours beyond contract
• Suffer bullying or harassment

Discrimination and Instructions

Cannot Instruct to Discriminate

Employee can refuse instruction to:

• Discriminate against others
• Breach Equality Act
• Treat customers/colleagues unfairly
• Apply discriminatory policies

Instructions Affecting You

If instruction discriminates against you:

• Because of protected characteristic
• Without justification
• Can refuse
• Discrimination claim possible

Examples

Can refuse instruction to:

• Refuse service based on race
• Apply different rules by sex
• Discriminate in recruitment
• Harass colleague

Professional Ethics

Regulated Professions

Some professions have duties to:

• Professional bodies
• Codes of conduct
• Ethical standards
• Public interest

Can Refuse Instructions Breaching Standards

Professionals may refuse:

• Accountant - falsify accounts
• Lawyer - breach client confidentiality
• Doctor - provide inappropriate treatment
• Teacher - breach safeguarding

Protected refusal if:

• Genuine professional ethics
• Reasonable interpretation
• Not just disagreement

Practical Scenarios

Scenario 1: Admin Told to Make Tea

Office administrator told making tea/coffee for directors is now part of role.

• Arguably within general flexibility
• Depending on frequency and contract
• May be reasonable instruction
• Or may be demeaning and unreasonable
• Context matters

Scenario 2: Refuse Unsafe Practice

Instructed to use faulty equipment, refuse on safety grounds.

• Reasonable refusal
• H&S protection applies
• Cannot be dismissed
• Automatically unfair if dismissed

Scenario 3: Refuse to Work Unpaid Overtime

Told to work extra 10 hours per week unpaid or face dismissal.

• Unreasonable instruction
• Not within contract
• Refusal justified
• Dismissal likely unfair

Scenario 4: Refuse to Falsify Records

Manager instructs employee to alter documents to hide error.

• Illegal instruction
• Right to refuse
• Whistleblowing protection
• Dismissal automatically unfair

Challenging Dismissal

Grounds to Challenge

• Instruction was unreasonable
• Illegal, unsafe, or discriminatory
• Outside contracted duties
• Refusal justified
• Process unfair
• No warnings given
• Disproportionate sanction

Evidence Needed

• What instruction was given
• Whether reasonable
• Your reasons for refusal
• Contract terms
• Previous practice
• Warnings (or lack of)
• Process followed

Time Limits

• 3 months less 1 day
• ACAS early conciliation required

Tips for Employees

If Given Questionable Instruction

1. Clarify it - make sure you understand
2. Consider if reasonable - objectively assess
3. Raise concerns - explain problems
4. Request it in writing - if serious
5. Seek advice - if uncertain
6. Don't refuse lightly - if reasonable
7. Document everything - if you do refuse

If Must Refuse

• Explain reasons clearly
• Put it in writing
• Reference safety/law/contract
• Be professional
• Seek union/legal advice
• Prepare for consequences

Tips for Employers

Before Disciplining

• Check instruction was reasonable
• Consider employee's objections
• Assess if within contract
• Document business need
• Consider alternatives
• Follow fair process

Giving Instructions

• Be clear and specific
• Explain why necessary
• Check reasonableness
• Within employee's capability
• Allow questions
• Document if important
• Don't force unreasonable compliance

Summary

Can Dismiss If

• Instruction was reasonable
• Within contracted duties
• Clearly communicated
• Persistent refusal
• Warnings given (usually)
• Fair process followed
• Proportionate response

Cannot Dismiss If

• Instruction unreasonable
• Illegal, unsafe, or discriminatory
• Outside contracted role
• Employee's refusal justified
• Process unfair
• Disproportionate

Key Points

• Employees must follow reasonable instructions
• Persistent refusal can be gross misconduct
• But right to refuse unreasonable instructions
• Safety refusals strongly protected
• Illegal instructions must be refused
• Fair process required before dismissal
• Reasonableness is objective test

For Employees

• Follow reasonable instructions
• But can refuse if unreasonable
• Don't refuse lightly
• Explain concerns
• Document everything
• Seek advice if unsure
• Know your rights

For Employers

• Instructions must be reasonable
• Consider employee's objections
• Address legitimate concerns
• Cannot require illegal/unsafe work
• Follow fair process
• Warn before dismissing
• Document clearly

The right balance: employees must follow reasonable management direction, but employers cannot require unreasonable, unlawful, or dangerous compliance. Fairness and reasonableness are key to both giving and refusing instructions.