I wonder how to handle an employee refusing reasonable instructions?

Clear, reasonable instructions are essential for safe and efficient operations. When an employee refuses a reasonable instruction, it can disrupt work, affect morale, and create risk. In some cases, it may also become a conduct issue.

This article explains what a “reasonable instruction” is, when an employee may have a valid reason to refuse, how to respond fairly and lawfully, and what risks to manage if the situation escalates.

What is a “reasonable instruction”?

A reasonable instruction is a lawful direction that sits within the employee’s role and contractual terms, and that the employee can realistically follow. It should be clear, safe, and given by someone with the authority to give it.

In practice, an instruction is more likely to be reasonable where it:

• Relates to the employee’s normal duties (or duties reasonably connected to them)
• Is achievable with the time, training, and resources available
• Follows workplace policies and usual practice
• Takes account of any known health issues or other relevant circumstances.

“Reasonable” is always fact-specific. What is reasonable for a senior employee in a flexible role may not be reasonable for someone in a tightly defined role, or where the instruction creates safety or capability concerns.

When can an employee lawfully refuse?

Refusal is not automatically misconduct. In some situations, an employee may have a legitimate reason to say no, and employers should pause and check the position before moving to disciplinary action.

Common examples include:

• Health and safety: If the instruction would expose the employee (or others) to serious risk, or the employee has not been given the right training, equipment, or protective measures.
   
• Discrimination or harassment: If the instruction is discriminatory, harassing, or requires the employee to treat someone else unlawfully.
   
• Breach of law or professional duties: If the instruction would involve unlawful conduct, regulatory breaches, or professional misconduct.
   
• Contractual limits: If the task is clearly outside the employee’s role, or would significantly change core duties without agreement (for example, a major change to hours or location where the contract does not allow it).
   
• Protected rights: If the instruction interferes with statutory rights, such as rest breaks, time off for dependants, or protected trade union activity.
   
• Reasonable adjustments: If the employee is disabled (or has pregnancy-related needs) and the instruction ignores agreed or obviously needed adjustments.

Where any of these issues may apply, treat the refusal as a prompt to investigate and problem-solve, not as an automatic disciplinary matter.

What should employers do if an employee refuses a reasonable instruction?

Employers should act promptly and professionally when an employee refuses a reasonable instruction. They should first clarify what is required, why it matters and when the task must be completed, before asking the employee to explain their concerns. The employer should then check that the instruction is lawful, safe, within the employee’s role and consistent with their contract, workplace policies and normal practice.

Genuine concerns relating to safety, capability, workload, disability or pregnancy should be considered carefully, including whether support, training, adjustments or an alternative approach may resolve the issue. If the instruction remains reasonable, the employer should restate expectations, allow a fair opportunity to comply and explain the consequences of continued refusal.

When does refusal become misconduct?

An unreasonable refusal to follow a lawful and reasonable instruction can be misconduct. If it is serious (for example, it creates significant risk) or repeated, it may be treated as gross misconduct.

When deciding how serious it is, consider:

• How clear and important the instruction was
• What impact the refusal had (including any safety impact)
• The employee’s role, training, and experience
• Whether the refusal was a one-off reaction or a deliberate pattern
• Whether there are mitigating factors (for example, confusion, workload pressure, or personal issues).

If it is determined to be misconduct, employers should follow a fair process and their disciplinary procedure.

What are the legal risks of not following a fair process?

The main risks arise when an employer treats refusal as misconduct without first checking whether the instruction was reasonable, considering protected reasons for refusal, or following a fair process.

Key risks include:

• Unfair dismissal: If dismissal (or another serious sanction) is imposed without a fair process or without a reasonable basis.
   
• Constructive unfair dismissal: If the employee resigns due to the process followed, they may claim constructive unfair dismissal.
   
• Discrimination: If the refusal relates to disability, pregnancy/maternity, religion or belief, or another protected characteristic and this is not handled fairly (including by considering reasonable adjustments where required).
   
• Employee relations and reputational impact: If the situation is handled inconsistently, heavy-handedly, or without clear communication.

You can reduce risk by giving clear instructions, checking safety and capability, considering adjustments and alternatives where appropriate, and following a fair, documented process.

Summary

Refusal to follow instructions is often resolved through clearer communication, practical support, and sensible adjustments. Where refusal is unjustified, a measured and well-documented disciplinary approach may be appropriate.

The key is to stay focused on what is reasonable, address concerns properly, and follow a fair process. That protects the business, supports good employee relations, and reduces legal risk.

Further Advice

If an employee refuses to follow an instruction, it can be difficult to know what action to take. Our Employment Peace of Mind team can help you assess the situation and guide you on the next steps. Our Document Audit team can also help you draft clear workplace policies.

For advice, email employment@warnergoodman.co.uk or call 023 8071 7717.