This is a really interesting result regarding a Wrongful dismissal.
If you think you are being discriminated against at work for whatever reason you cannot just refuse to do the work your employer asks you to do as a result of that discrimination.
The impact of an employer’s discriminatory treatment on an employee’s requirement to work was considered by the Court of Appeal in Rochford v WNS Global Services (UK) Ltd and others [2017] EWCA Civ 2205.
The facts in the case were that after Mr Rochford had had surgery due to a serious back condition his employer would not allow him to return to his original job and told him he had to work in a lesser role. Mr Rochford refused to do the work set by his employer and his employer sacked him for gross misconduct.
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The Court of Appeal held that:
—although the employer’s behaviour in not allowing the employee to perform other tasks was found to be disability discrimination, the employee did not have an absolute right to refuse to work
—the employer was found to be entitled to dismiss him summarily for gross misconduct for refusing to work
—generally, the fact that one party to a contract has committed a prior wrong against the other, whether in the form of a breach of contract or tort or any other wrong, does not constitute an automatic solvent of his or her continuing obligations, and there is nothing special about discrimination in that regard
—an employee who is the victim of a wrong cannot in all circumstances simply refuse to do any further work unless that wrong is remedied; he might in some circumstances have to seek his remedy in the courts
If you are interested in reading the case please go to
