Can an employee refuse to work following a breach by the employer?

If there is a breach of contract by an employer, an employee cannot refuse to work. If they do, they may face disciplinary action.

The employee’s options are to work under protest, resign or bring a claim in the tribunal.

Following a decision to reduce an employee’s duties after a period of sick leave, the Court of Appeal has decided in Rochford v WNS Global Services that although there was a breach of contract and the employee was a victim of a wrong, the employee could not refuse to work.

As the work which the employee was given was within the scope of his duties, failing to work amounted to misconduct. In response to the breach, the employee could work under protest, resign or bring a claim in the tribunal.

Before changing an employee’s duties, an employer should consider the terms of the contract, the protections under the Equality Act 2010 and if taking disciplinary action, follow a fair process otherwise they could face claims and grievances.