WO toolkit 2012 complete.pdf - GMB

SECTION 5.33
33. Can I be sacked for refusing to carry out an instruction?
Every unfair dismissal case turns on its particular facts–no firm advice can be given without going
looking at the details.However,as a general rule,you risk losing your job if you refuse to carry out a
legitimate and reasonable instruction given to you by your employer.So a tribunal would first of all look
at the instruction.
The dismissal would probably be unfair if the instruction was that you break the law,e.g.drive faster
than the speed limit,or enter false accounting records.It is unlawful for your employer to instruct you
to discriminate against someone,for example because of their race,sex,disability,sexual orientation
or religion or belief.If you are sacked for refusing to carry out an instruction to discriminate,an
employment tribunal would probably find this an unfair dismissal.
It might also be unfair if the instruction,although legal,was beyond your contract and clearly
unreasonable.
If the instruction is lawful and reasonable,but of minor importance and the refusal was your first
offence,the tribunal might decide your refusal was not gross misconduct.However if the instruction is
repeated but you still refuse,that could well result in a fair dismissal.
Tribunals will also take into account,where it is relevant,whether your colleagues were prepared to
obey the order.
You can refuse to work in conditions of serious and imminent danger,provided you cannot find another
way of averting the risk.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.