Not returning to work when there is available employment may be considered a “refusal of work” and could potentially disqualify claimants from receiving TUC benefits.

Employers faced with a refusal to work based on safety concerns expressed by multiple employees need to remember that such action may be protected under federal labor law and cannot be ignored.

In Rochford v WNS Global Services (UK) Ltd [2017] EWCA Civ 2205 the Court of Appeal considered whether an employer’s discriminatory demotion justified an employee’s refusal to carry out any work.