Dismissal for Refusing Mandatory Training

Refusing training can lead to dismissal, but much depends on whether the training is genuinely mandatory and whether refusal is reasonable.

What Is Mandatory Training?

Genuinely Mandatory

Training is truly mandatory if:

Type	Why Mandatory
Legal requirement	H&S, fire safety, food hygiene, safeguarding
Professional requirement	CPD, license renewal, regulatory compliance
Role-essential	Cannot perform job safely without it
Reasonable instruction	Legitimate business need, reasonably requested

Not Genuinely Mandatory

Despite employer claims:

• General development training
• Optional skills enhancement
• Nice-to-have rather than essential
• Training for potential future roles
• Outside contracted duties

Burden on Employer

Employer must show:

• Training is necessary
• Requirement is reasonable
• Refusal affects ability to do job
• Or is insubordination

Legal Requirements

Health and Safety

Must complete training on:

• Fire safety
• First aid (if designated)
• Manual handling
• Display screen equipment
• Risk assessments
• PPE use
• Specific hazards in workplace

Refusal risks:

• Disciplinary action
• Dismissal if persistent
• Cannot work safely without it

Sector-Specific Requirements

Certain roles require training by law:

Sector	Examples
Care	Safeguarding, moving and handling
Education	Safeguarding, prevent duty
Food	Food hygiene certificates
Driving	Licence renewals, CPC
Finance	AML, compliance training
Healthcare	Clinical skills, infection control

Professional Requirements

Some professions require:

• Continuing Professional Development (CPD)
• License or certification renewal
• Regulatory body requirements
• Maintaining fitness to practice

Refusal may mean:

• Cannot legally do job
• Loss of professional status
• Fair reason for dismissal

Reasonable Management Instructions

Employer's Right

Employers can reasonably require:

• Training necessary for role
• Scheduled during work hours
• At employer's expense
• With reasonable notice
• To maintain competence

Must Be Reasonable

Training instruction must be:

• Related to job requirements
• Reasonable in timing and location
• Paid time if outside hours
• Not discriminatory
• Not punitive

When Refusal May Be Fair

Unreasonable Training Requirements

You may fairly refuse if training:

• Outside contracted hours without pay
• Unrelated to your role
• Discriminatory impact
• Requires unreasonable travel
• Not actually mandatory
• Scheduled inappropriately (e.g., during leave)

Reasonable Objections

Valid reasons to refuse:

• Disability makes training inaccessible
• Religious or belief conflict
• Caring responsibilities preventing attendance
• Training already completed
• Better alternative available
• Timing genuinely impossible

Not a Reasonable Instruction

Employer cannot insist on:

• Unpaid work outside hours
• Dangerous or illegal activity
• Training fundamentally unsuited to you
• Unreasonable cost to you
• During protected leave

When Dismissal May Be Fair

Persistent Refusal of Mandatory Training

Dismissal more likely fair if:

1. Training genuinely necessary
2. Reasonable instruction given
3. Adequate time and support provided
4. Refusal without good reason
5. Warnings given
6. Cannot continue without training
7. Fair process followed

Clear Cases

Scenario	Fair to Dismiss?
Refuse mandatory H&S training repeatedly	Likely yes
Refuse role-essential certification	Likely yes
Refuse optional development course	No
Refuse unpaid training outside hours	No

When Dismissal May Be Unfair

Disproportionate Response

Unfair dismissal if:

• Training not genuinely mandatory
• First refusal without warnings
• No attempt to accommodate
• Reason for refusal not considered
• Process not followed
• Inconsistent treatment
• Alternative solutions ignored

Procedural Failures

Must still follow process:

• Explain why training necessary
• Consider reasons for refusal
• Provide warnings
• Explore alternatives
• Follow disciplinary procedure
• Allow appeal

Discrimination Issues

Protected Characteristics

Refusing training may relate to:

Characteristic	Example
Disability	Training not accessible, adjustment needed
Religion	Training conflicts with religious observance
Pregnancy	Cannot travel or requires adjustments
Age	Technology training assumes certain ability
Sex	Training time conflicts with caring duties

Reasonable Adjustments

For disability, employer must:

• Consider adjustments to training
• Different format or delivery
• Additional time or support
• Alternative way to achieve competence

Indirect Discrimination

Training requirement may discriminate if:

• Disadvantages protected group
• Cannot be justified
• Example: evening training affecting parents

Process and Warnings

Fair Process

Before dismissing for refusal:

1. Explain requirement - why training is necessary
2. Give opportunity - reasonable time to complete
3. Hear objections - listen to reasons
4. Consider alternatives - different format, timing
5. Warn of consequences - clear that dismissal possible
6. Follow procedure - warnings, hearing, appeal

Progressive Discipline

Typical progression:

• Informal discussion about importance
• Formal requirement issued
• First written warning if refused
• Final written warning if continues
• Dismissal if still refused

Can be compressed if:

• Health and safety critical
• Immediate compliance needed
• Already aware of requirement

Capability vs Conduct

Different Issues

Distinguish between:

• Refusal to train (conduct) - won't do it
• Inability to pass training (capability) - can't do it

Different Processes

Refusal (Conduct)	Inability (Capability)
Disciplinary process	Capability process
Warnings for non-compliance	Support and PIP
Insubordination issue	Performance issue

Training Outside Working Hours

General Rule

Cannot be required to:

• Attend unpaid training outside hours
• Unless contract specifies
• Or you agree to it
• Should be paid for time

Exceptions

May be required if:

• Contract allows it
• Part of professional requirements
• Paid appropriately
• Reasonable notice given
• Not excessive burden

Working Time Regulations

Time spent on mandatory training:

• Usually counts as working time
• Should be paid
• Counts toward 48-hour week
• Rest break entitlements apply

Training Costs

Employer's Responsibility

Usually employer must pay for:

• Mandatory training costs
• Travel to training
• Accommodation if needed
• Materials and resources

Training Repayment Clauses

Some contracts require:

• Repayment if leave within set period
• After expensive training provided
• Must be reasonable
• Cannot be penalty

Cannot Refuse Due to Cost

If employer pays, cannot refuse because:

• You don't want to owe repayment
• Might leave in near future
• Unless clause is unreasonable

Alternatives to Dismissal

Before Dismissing

Consider:

• Different training format (online, in-person)
• Different timing or location
• Additional support
• Breaking training into smaller parts
• One-to-one rather than group
• Reasonable adjustments

Compromise Solutions

May include:

• Flexible scheduling
• Working from home options
• Covering caring costs
• Phased approach
• Alternative assessment method

If Dismissed for Refusal

Potential Claims

Depending on circumstances:

• Unfair dismissal (if 2 years' service)
• Wrongful dismissal (breach of contract)
• Discrimination (if protected characteristic)
• Constructive dismissal (if forced out)

Building Your Case

Show that:

• Training wasn't genuinely mandatory
• Requirement was unreasonable
• Had valid reason for refusal
• Employer didn't consider alternatives
• Process was unfair
• Treated inconsistently

Time Limits

• Tribunal claims: 3 months less 1 day
• ACAS early conciliation first

Common Scenarios

Scenario 1: Mandatory H&S Training Refused

Employee refuses fire safety training, no good reason, warned twice, still refuses.

• Training genuinely mandatory
• Legal requirement
• Warnings given
• Dismissal likely fair

Scenario 2: Evening Development Course

Employer requires evening management course, unpaid, employee refuses due to childcare.

• Not genuinely mandatory
• Unpaid time
• Caring responsibilities
• Dismissal likely unfair

Scenario 3: Professional CPD

Teacher refuses required CPD, jeopardizing registration.

• Professional requirement
• Cannot do job without it
• Dismissal likely fair if persists

Scenario 4: Training Not Accessible

Disabled employee cannot access training venue, employer refuses alternatives.

• Failure to adjust
• Discrimination
• Dismissal likely unfair

Practical Tips

For Employees

If Required to Train:

• Check if genuinely mandatory
• Consider if refusal reasonable
• Raise valid objections early
• Propose alternatives
• Get advice before refusing
• Understand consequences

If Facing Discipline:

• Explain reasons for refusal
• Highlight any discrimination
• Propose compromises
• Show willingness to train reasonably
• Get medical evidence if needed
• Consider settlement

For Employers

Before Requiring Training:

• Ensure genuinely necessary
• Make case clear
• Schedule reasonably
• Pay for time and costs
• Consider individual circumstances
• Communicate consequences

If Employee Refuses:

• Understand reasons
• Consider alternatives
• Make reasonable adjustments
• Follow fair process
• Warn before dismissing
• Document everything

Summary

Training Is Mandatory If

• Required by law
• Essential for role
• Professional requirement
• Reasonable management instruction
• During working hours
• At employer's expense

You Can Fairly Refuse If

• Not genuinely mandatory
• Outside hours unpaid
• Discriminatory impact
• Unreasonable requirement
• Valid personal reason
• Adjustment needed

Dismissal May Be Fair If

• Training genuinely necessary
• Reasonable instruction
• Persistent refusal
• Warnings given
• Cannot do job without it
• Fair process followed

Dismissal May Be Unfair If

• Training not truly mandatory
• No warnings given
• Reason not considered
• Discrimination issue
• No alternatives explored
• Disproportionate response

Key Points

• Not all training called "mandatory" truly is
• Reasonableness is key
• Process must be fair
• Discrimination protections apply
• Alternatives should be considered
• Clear communication essential

Employers can require necessary training, but the requirement must be reasonable, the process fair, and individual circumstances considered before dismissing for refusal.