Refusing a boss’s request may harm relationship and cause employee to take legal action, according to expert
Junior civil servants who did not want to attend lockdown-breaching parties held at 10 Downing Street risked being forced to take legal action and put their careers in jeopardy, a senior employment lawyer has said.
The law expects people to stand up for themselves, experts have said, with employees largely expected to comply with their bosses. Whistleblowing legislation is rarely used because people are worried about repercussions.
“You’re going to struggle as an employee to effectively have any protection against doing what your boss asks you to do unless it is unpleasant, discriminatory or illegal,” said Kathryn Evans, a partner and the head of employment law at Trethowans Solicitors.
“But even if there is a legal breach, as in the case of these parties, the employee needs to decide whether to refuse and risk damaging their relationship with their boss. If they fear this might happen, they have no choice but to bring legal proceedings, which means being prepared to stand up and be counted – and accept that their relationship with their boss is probably at an end.”
Philip Landau, a partner at Landau Law, agreed. “Deferring to their boss’s interpretation of the rules – even though those bosses wrote the rules – is not a plausible and credible defence.
“If your boss puts you in the position where you feel you need to attend a party or lose their favour, there is...
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