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Asking the impossible.

Employment and Discrimination Law

Re: Asking the impossible.

Postby YorkshireBloke » Fri Oct 20, 2017 10:54 pm

Yes, and back to defining "reasonableness" and "impossible"...
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Re: Asking the impossible.

Postby Hairyloon » Fri Oct 20, 2017 10:56 pm

dls wrote:As always, impossibility comes in several forms.
There can be legally impossible (unlawful)
Logically impossible
Physically impossible (for the particular employee)
and 'too much like hard work' impossible (debateable).

Each might give a different answer.

Legally impossible would seem to be the most straightforward to answer here: an employee must surely be entitled to refuse an unlawful instruction and if he were dismissed for that refusal, then that would surely be an unfair dismissal, but what if he had not worked the two years: I cannot think of any of the exemptions that would apply so I think he could simply be dismissed and have no comeback.
Did I miss something?
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Re: Asking the impossible.

Postby atticus » Sat Oct 21, 2017 9:04 am

A "whistleblowing" claim might be constructed.
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Re: Asking the impossible.

Postby Hairyloon » Sat Oct 21, 2017 5:26 pm

It might not, if there is nobody to blow the whistle to.

I wondered about belief. It would likely be unlawful discrimination if you refused a task contrary to god's laws, why would the same system not apply for the nation's laws?
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Re: Asking the impossible.

Postby atticus » Sat Oct 21, 2017 6:59 pm

Consider the manner in which an employee may refuse to comply with an instruction that he considers unlawful.
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Re: Asking the impossible.

Postby YorkshireBloke » Sat Oct 21, 2017 7:38 pm

Hi,

Thanks, good information for me, can I ask some more about this?

Have you got a case reference that does "draw out" the concept of "reasonable request"?

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Re: Asking the impossible.

Postby Hairyloon » Sat Oct 21, 2017 10:32 pm

atticus wrote:Consider the manner in which an employee may refuse to comply with an instruction that he considers unlawful.

Different scenarios may present different opportunities, but the typical employee dose not habitually carry an unfair dismissal construction kit in case of an unexpected unlawful instruction.
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Re: Asking the impossible.

Postby atticus » Sun Oct 22, 2017 7:23 am

That is not necessary.

I said that the circumstances need to be examined; they might give grounds to make a 'whistleblowing' claim.
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Re: Asking the impossible.

Postby Hairyloon » Sun Oct 22, 2017 9:37 am

Yes, I thought I had agreed. But some circumstances might not give such grounds: like if there is nobody to whom you might blow a whistle. Or perhaps the background noise is such that any such whistles would go unnoticed.
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Re: Asking the impossible.

Postby YorkshireBloke » Wed Oct 25, 2017 8:40 pm

Hi,

Atticus, reviewing this thread, it seems that the assertion

A "whistleblowing" claim might be constructed.

Just comes from "left field"! We were discussing how an employee might resist complying with an "impossible" request, we nuanced that to "unreasonable" then you brought in the PIDA where a person has to see a "serious" breach of something (H&S, law-breaking etc), believe it has wide, public interest then discloses appropriately...

Don't see the link to what we were discussing.

Impossibility / Unreasonableness is nothing synonymous with whistleblowing.

I would be grateful for clarification.

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