Employee Refusing to Follow Instructions: Insubordination and Dismissal

Employee Refusing to Follow Instructions: When Is It Insubordination?

If an employee refuses to follow a lawful and reasonable instruction, this can amount to misconduct. In serious cases, it may justify dismissal for gross misconduct. However, before taking disciplinary action, you need to establish whether the instruction was reasonable, whether the employee was required to follow it and whether they had a valid reason for refusing.

Not every disagreement between an employee and their manager amounts to insubordination.

An employee might question an instruction because they believe it is unsafe, outside their contractual duties or something they are not trained to do.

The important distinction is between an employee who deliberately refuses a reasonable instruction and someone who has a genuine reason for not complying.

What Is Insubordination at Work?

Insubordination is generally understood as an employee deliberately refusing to follow a lawful and reasonable instruction from their employer or manager.

For example, an employee might:

• Refuse to carry out a task that forms part of their normal duties.
• Ignore a reasonable instruction from their manager.
• Repeatedly refuse to follow workplace procedures.
• Deliberately disregard management instructions after being warned.
• Refuse to carry out a reasonable task without providing an explanation.

However, an employee disagreeing with their manager is not automatically guilty of misconduct.

Employees are entitled to question instructions, raise concerns and explain why they believe a particular request is unreasonable.

The issue is whether the employee has deliberately refused an instruction they were reasonably required to follow.

When Must an Employee Follow a Management Instruction?

Employers have the right to give reasonable instructions about how work should be carried out.

However, this does not mean employees must comply with every request.

Before treating a refusal as misconduct, consider three things.

1. Is the instruction lawful?

You cannot require an employee to do something illegal or expose themselves or others to serious danger.

For example, an employee who refuses to operate machinery without appropriate safety equipment may have a legitimate reason for refusing.

You should investigate any safety concerns before taking disciplinary action.

2. Is the instruction reasonable?

An instruction should be reasonable in the circumstances.

This includes considering the employee's role, training, workload and the time available to complete the task.

For example, asking an administrator to help with filing during a busy period is likely to be reasonable.

However, asking that same employee to operate specialist machinery without training would be a different matter.

3. Is the instruction within the employee's contractual duties?

Check the employee's employment contract and job description.

Many employment contracts include flexibility clauses requiring employees to carry out other reasonable duties.

However, these clauses do not give employers unlimited authority to change an employee's role.

If you are regularly asking employees to carry out duties outside their agreed responsibilities, you may need to review their contracts.

Our employment contracts service can help ensure your contracts contain appropriate flexibility provisions and clearly explain what employees are expected to do.

Can an Employee Refuse to Do Something That Is Not in Their Job Description?

Yes, in some circumstances, but the fact that a task is not specifically mentioned in the job description does not automatically mean the employee can refuse it.

Most jobs involve some flexibility.

For example, asking a receptionist to help prepare a meeting room or deal with an additional administrative task would not usually be unreasonable simply because those duties are not expressly listed in their job description.

However, requiring an employee to take on substantially different responsibilities, work in another location or perform duties requiring specialist qualifications may be a different matter.

Consider:

• What the employment contract says.
• Whether there is a flexibility clause.
• How different the task is from their usual duties.
• Whether the employee has the necessary skills and training.
• Whether the request is reasonable in the circumstances.

You should also check your workplace policies and staff handbook.

Our guide to whether employee handbooks are legally binding explains how policies and contractual terms work together.

When Does Refusing an Instruction Become Misconduct?

An employee refusing a reasonable instruction without a valid explanation can amount to misconduct.

However, the seriousness will depend on what happened.

For example, an employee who refuses a minor task during a disagreement may need an informal discussion or warning.

An employee who repeatedly ignores instructions, deliberately undermines their manager or refuses to carry out essential duties may justify formal disciplinary action.

You should consider whether the refusal was deliberate, whether the instruction was clear and whether the employee understood what was expected.

Previous warnings, the employee's explanation and the consequences of their refusal will also be relevant.

Do not assume that every refusal is a disciplinary offence. Establish the facts before deciding how to respond.

Is Insubordination Gross Misconduct?

Insubordination can amount to gross misconduct, but not every refusal will justify dismissal without notice.

Gross misconduct involves behaviour sufficiently serious to justify ending the employment relationship without notice.

For example, serious insubordination might involve an employee deliberately refusing a critical safety instruction or repeatedly refusing essential duties despite clear warnings.

However, the circumstances matter.

A single refusal to carry out a minor task would not normally justify summary dismissal.

Your disciplinary policy should identify examples of behaviour that may amount to gross misconduct, but simply listing insubordination in the policy does not automatically make dismissal fair.

You must still investigate what happened and decide whether dismissal is justified.

For further guidance, read our article on what constitutes gross misconduct.

What Are Valid Reasons for Refusing an Instruction?

Before taking disciplinary action, give the employee an opportunity to explain their refusal.

There may be a legitimate reason that you have not considered.

Health and safety concerns

Employees have legal protection in certain circumstances where they reasonably believe there is serious and imminent danger.

For example, an employee who refuses to use unsafe equipment may be exercising their legal rights rather than committing misconduct.

Protection may also arise where an employee raises health and safety concerns through the appropriate channels.

Investigate the concern before insisting that the task is carried out.

Disability or health conditions

An employee may be unable to carry out a particular instruction because of a disability or medical condition.

In these circumstances, you should consider whether reasonable adjustments are required under the Equality Act 2010.

For example, an employee with a back condition may have a valid reason for refusing a task involving heavy lifting.

Taking disciplinary action without considering their condition could lead to a discrimination claim.

Religious beliefs

An instruction may conflict with an employee's genuinely held religious belief.

This does not necessarily mean the employee is entitled to refuse it, but you should consider whether the requirement is justified and whether alternative arrangements are possible.

Whistleblowing

Employees may also be protected where they make qualifying disclosures about wrongdoing.

If the refusal is connected to an employee raising concerns about unlawful practices, you should take legal advice before considering dismissal.

Unreasonable or unclear instructions

Sometimes the problem is simply that the employee does not understand the instruction or considers the task impossible within the time available.

Clarifying what is required may resolve the situation without formal disciplinary action.

What Should You Do if an Employee Refuses to Follow Instructions?

If an employee refuses a reasonable instruction, follow these steps before deciding whether disciplinary action is necessary.

Step 1: Speak to the employee

Ask the employee why they are refusing to carry out the instruction.

Give them an opportunity to explain their concerns.

There may be a misunderstanding, a training issue or a genuine problem with the task.

Where possible, deal with minor issues informally.

Step 2: Explain what is expected

If the instruction is lawful, reasonable and part of the employee's duties, explain this clearly.

Make sure they understand what they are being asked to do and why.

If they continue to refuse, explain that failing to follow reasonable management instructions may result in disciplinary action.

Step 3: Keep a written record

Record what happened, including the instruction given, the employee's response and any explanation they provided.

Keep copies of relevant emails, messages and witness statements.

These records may become important if the matter proceeds to a disciplinary hearing.

Step 4: Investigate the refusal

If the matter is serious or cannot be resolved informally, carry out a reasonable investigation.

Speak to the employee and any witnesses.

Consider whether the employee had a legitimate reason for refusing.

You should not automatically suspend the employee during the investigation. Suspension should be considered only where there is a genuine reason and appropriate alternatives have been assessed.

Step 5: Arrange a disciplinary hearing

If there is sufficient evidence of misconduct, invite the employee to a formal disciplinary hearing.

The employee should receive written details of the allegations, relevant evidence and reasonable time to prepare.

They should also be informed of their statutory right to be accompanied.

Our guide on how to conduct a disciplinary hearing explains the process employers should follow.

Step 6: Decide on an appropriate outcome

After considering the evidence and the employee's explanation, decide whether disciplinary action is justified.

Depending on the seriousness of the refusal, the outcome may include:

• No further action.
• Informal management guidance.
• A first written warning.
• A final written warning.
• Dismissal with notice.
• Summary dismissal for gross misconduct.

Any sanction should be reasonable and proportionate.

You should also consider the employee's disciplinary record, length of service and any mitigating circumstances.

Step 7: Confirm the decision and offer an appeal

Confirm any formal disciplinary decision in writing, explaining the reasons and the employee's right to appeal.

The appeal should be considered impartially and, wherever possible, by someone who was not involved in the original decision.

Can You Dismiss an Employee for Refusing a Reasonable Instruction?

Yes, dismissal may be justified where an employee deliberately refuses to follow a lawful and reasonable instruction.

However, dismissal will not be appropriate in every case.

For a first instance of relatively minor insubordination, a warning may be more reasonable.

Dismissal is more likely to be justified where the employee has repeatedly refused reasonable instructions, ignored previous warnings or committed a particularly serious act of misconduct.

Employers should normally follow a fair disciplinary procedure before dismissing an employee, even where the conduct could amount to gross misconduct.

If you are unsure whether the behaviour justifies dismissal, our employee relations support service can help you assess the circumstances and manage the disciplinary process.

What if the Employee Is Still on Probation?

An employee can be dismissed during their probationary period for refusing reasonable instructions, provided the dismissal does not breach their employment rights.

However, probation does not mean employees have no protection.

You should still establish what happened, explain the concerns and give the employee an opportunity to respond.

Check the employment contract for any applicable notice requirements or contractual procedures.

You can read more in our guide to dismissing an employee during probation.

What if the Employee Has Less Than Two Years' Service?

As at October 2026, employees in Great Britain generally need two years' continuous service to bring an ordinary unfair dismissal claim.

However, some claims do not require two years' service, including discrimination and certain automatically unfair dismissal claims involving whistleblowing or health and safety.

Under the Employment Rights Act 2025, the qualifying period for ordinary unfair dismissal is due to reduce from two years to six months for dismissals taking effect from 1 January 2027.

This makes it important to ensure managers deal with conduct issues fairly, including those involving relatively new employees.

For further information, see our guide on dismissing an employee with less than two years' service.

Can an Employee Refuse to Work Overtime?

Whether an employee can refuse overtime will usually depend on their employment contract.

If overtime is voluntary, an employee can generally refuse it.

However, if their contract requires them to work reasonable additional hours, refusing without good reason may be a conduct issue.

Even where overtime is compulsory, employers must consider whether the request is reasonable, including working time limits, rest periods, the notice given and relevant personal circumstances.

If the employee has regularly worked overtime, you may also need to consider whether this has created a contractual obligation.

Our article on when overtime becomes a contractual obligation explains what employers should consider.

Is Refusing an Instruction a Conduct or Capability Issue?

Not every employee who fails to carry out an instruction is deliberately refusing to cooperate.

Sometimes the employee cannot complete the task because they lack the necessary skills, experience or training.

This may be a capability issue rather than misconduct.

For example, an employee who refuses to use unfamiliar software because they have not been trained may need support rather than disciplinary action.

However, if the employee has received appropriate training and deliberately refuses to use the system without a valid reason, disciplinary action may be appropriate.

Establish whether the issue is unwillingness or inability before deciding how to proceed.

Frequently Asked Questions

Can an employee be dismissed for refusing to follow instructions?

Yes, where the instruction was lawful and reasonable and the refusal was sufficiently serious to justify dismissal. Employers should investigate the circumstances and follow a fair disciplinary procedure before making a decision.

Is refusing a reasonable instruction gross misconduct?

It can be, particularly where the refusal is serious, deliberate or repeated. However, a single minor refusal will not normally justify dismissal without notice. The circumstances and the seriousness of the conduct must be considered.

Can an employee refuse to do something outside their job description?

Possibly. It depends on their employment contract, any flexibility clause and whether the task is reasonable. Employers can often require employees to carry out additional reasonable duties, even where those duties are not specifically listed in the job description.

Can an employee refuse to work in unsafe conditions?

Employees have legal protection in certain circumstances involving serious and imminent danger. Employers should investigate genuine safety concerns rather than automatically treating a refusal as misconduct.

Is arguing with a manager insubordination?

Not necessarily. An employee can disagree with their manager or question an instruction without committing misconduct. However, aggressive, abusive or deliberately obstructive behaviour may justify disciplinary action.

Should you suspend an employee for insubordination?

Not automatically. Suspension may be appropriate in serious cases, particularly where there is a genuine risk to safety, evidence or the investigation. However, it should not be used as a punishment and alternatives should be considered. Suspension pending investigation should normally be on full pay.

What if an employee repeatedly refuses to do their job?

Repeatedly refusing reasonable duties may justify formal disciplinary action and potentially dismissal, particularly where the employee has received previous warnings. You should investigate each incident and consider whether there is a legitimate reason for the refusal.

Need Advice About an Employee Refusing Instructions?

Dealing with an employee who refuses to follow instructions can be difficult, particularly where they challenge management decisions or repeatedly refuse to carry out their duties.

Acting too quickly could expose your business to an unfair dismissal or discrimination claim. However, allowing the behaviour to continue without addressing it can create problems for the wider team.

Neathouse Partners provides practical employment law and HR support to help employers deal with misconduct, disciplinary hearings and dismissals.

We can help you decide whether the refusal amounts to misconduct, prepare the necessary disciplinary documentation and manage the process correctly.

Our services are provided on a fixed monthly fee basis, giving businesses access to ongoing employment law and HR support.

Get advice on an employee refusal case or Speak to one of our experts to discuss your situation.

Reviewed 19 October 2026. This article provides general guidance for employers in England, Scotland and Wales and is not a substitute for legal advice on individual circumstances.