The Court of Appeal has held that an employee had no right to refuse to work following a discriminatory demotion.
The employee had been off work with a bad back for nearly a year. On his return he was prevented from fulfilling his role in full. This amounted to discrimination on grounds of disability on the facts. However, he then refused to carry out any work for the employer so was dismissed for misconduct.
Although the dismissal was technically unfair for other reasons it was not unfair for discriminatory reasons. The dismissal for failure to work at all was the principal reason for the dismissal and the original Tribunal was entitled to conclude that the decision was not tainted by discrimination.