Insubordination can be defined as; the deliberate failure or refusal to follow reasonable instructions from an employer. Insubordination can come with severe consequences. ACAS (the Advisory, Conciliation and Arbitration Service) consider it as an example of gross misconduct, meaning an employer could, in certain circumstances, have the right to summarily dismiss an employee for insubordination.
When amounts to insubordination?
According to the Society for Human Resource Management any act of insubordination requires three things: (1) an order from an employer, (2) acknowledgement of the order, and (3) the employee refusing to carry out the order.
Insubordination can be done through actions, omissions, words or even attitude. Examples of insubordination include (but are not limited to) direct refusal of instructions, open defiance, failure to complete assigned tasks without explanation or justification, violation of company policies or general disregard for the chain of command.
To amount to misconduct the employee’s refusal to co-operate and comply must be due to a fault of their own, rather than anyone or anything else.
Potential issues for employers
As can be seen above, insubordination has a large scope. As it can be considered a potentially serious misconduct offence, it is paramount that employers act reasonably and investigate any alleged instances properly and without delay. Failure to do so could result in a claim for unfair dismissal on the worst case scenario.
By way of first steps, it is recommended that employers keep a record of any insubordination and before starting any process, check your company policies and any contracts of employment. It is possible that either may offer its own definition of insubordination or give guidance on how to deal with the situation.
For an employer, when dealing with insubordination, it is crucial that they follow the ACAS Code of Practice, particularly where they may not have their own policies and procedures in place already for dealing with a disciplinary action. This blog is unable to go into the depth required to cover off all potential scenarios however, needless to say that it is key the above are covered as a bar minimum to show that the employer has acted fairly and investigated the matter fully.
Employee Rights
Employees are under a general obligation to follow lawful and reasonable instructions but also, under the Employment Rights Act 1996, have a right not to be unfairly dismissed.
The main arguments that an employee is likely to raise when facing an allegation of insubordination are: that the order they are being asked to perform is outside of the scope of their duties; that what they are being asked to do is a crime; or that the order will put the employee in physical danger.
Earlier this article mentioned that the refusal to co-operate or comply must be due to their own fault. For instance, if the employee is too sick to carry out the task the illness itself may negate any claim of misconduct.
How can we help?
If you have been dismissed for insubordination or are looking to dismiss or discipline an employee our Employment Law Team can assist.
For an employer, we can advise on each step and provide all the supporting documentation to ensure that you do all that is required to make sure you are not faced with an expensive and time consuming claim further down the line.
For an employee, we can review all of the available information and evidence, help you to raise any applicable defences, support with any appeals and advise on any future claim you may have.
Our Employment Law team is headed up by Lloyd Clarke, a Partner of the firm, who oversees a team of lawyers and paralegals who would be happy to assist. Please call: 01206 766333.
Our blogs and articles are correct at the time of writing.
These have been created for marketing purposes only and should not be considered as legal advice.
