Ok thank you. If considered necessary, the employer could have stopped you from undertaking your normal duties. However, they should have really had a justifiable explanation for it, such as a health and safety concern, complaints about you, pending an investigation, etc. If they just requested that and provided no reasons for doing so, then it would have been questionable conduct, Saying that, it does not allow you to take the law into your own hands and just decide what should happen, such as returning to work against the employer’s instructions. That could in itself amount to insubordination which is a misconduct offence. Quite whether it is gross misconduct is another question and it would depend on what the actual reasons for the initial instructions were and the seriousness of you breaching these.
At this stage, your only options are to submit an appeal first and then if that is unsuccessful, you can consider making a claim for unfair dismissal in the Employment Tribunal.
Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).
The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.
However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.
To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.
If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:
Does this answer your query?