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Asking the impossible.

Employment and Discrimination Law

Re: Asking the impossible.

Postby atticus » Wed Oct 25, 2017 9:14 pm

YB, I made the point in response to Hairy's musings in the post preceding it.

YorkshireBloke wrote:Don't see the link to what we were discussing.
That is a curious request.
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Re: Asking the impossible.

Postby Hairyloon » Thu Oct 26, 2017 8:28 am

atticus wrote:YB, I made the point in response to Hairy's musings in the post preceding it.
be
Specifically (I think) how a new employee might be protected from dismissal for refusing an unlawful request. What is not clear, I think, is that your point might stand, but only in some circumstances.
Some circumstances may give rise to Health and Safety issues: I think that would provide the most robust claim and we've not refuted the suggestion of discrimination on grounds of belief: I think that potentially the most far reaching, but also the most flaky.

YorkshireBloke wrote:Don't see the link to what we were discussing.
That is a curious request.

I dion't see it is a request, and I think you may be thinking of another kind of link.
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Re: Asking the impossible.

Postby Hairyloon » Thu Oct 26, 2017 8:57 am

A further thought.
If an employee is asked to do the impossible and expects disciplinary action if they fail, then one might argue that the stress so invoked is a health and safety issue.
Certainly it is true, but I don't believe the tribunals properly consider stress as an actionable problem.
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Re: Asking the impossible.

Postby atticus » Thu Oct 26, 2017 9:43 am

The word "might" might have given away that I was not offering a universally applicable solution.
atticus wrote:A "whistleblowing" claim might be constructed.
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Re: Asking the impossible.

Postby Hairyloon » Thu Oct 26, 2017 10:17 am

atticus wrote:The word "might" might have given away that I was not offering a universally applicable solution.
atticus wrote:A "whistleblowing" claim might be constructed.

Indeed it might, but you appeared to reject my suggestion that such a claim might not work.

But we are here (once again) arguing about the discussion rather than discussing the actual issues, so perhaps we can put that aside and move on?
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