Featured Image Credit: TikTok/\2employment_with_a /Getty Stock Image
Topics: TikTok
Natalie Horrobin
If you have ever wondered if you can be sacked for refusing to download a work app onto your phone - and who hasn't - this employment lawyer has a definitive answer.
TikTok creator Amy (@employment_with_a) posts videos surrounding UK employment law for employers and employees, a must-watch if you have any problems at work.
She says one particular tribunal case offers an eye-opening precedent as to if an employer can sack you over refusing to download a work app.
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A court case in 2023 involved a female journalist who refused to download a company app called Viber on her phone.
She claimed that it was 'intrusive' as she kept getting notifications from it and it 'hindered her ability to have a work life balance'.
After all, who wants a notification from work at the weekend.
Viber is a cross-platform voice over and instant messaging software application owned by Japanese multinational company Rakuten.
The journalist asked if she could have a work phone or to have the app installed on her laptop instead.
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She says the employer denied the journalist's request and then blocked her access to work systems.
The journalist then submitted grievances regarding bullying, race discrimination and harassment.
Her employer replied and decided to terminate the employment relationship with the journalist, all over the fact she wouldn't download an app on her personal phone.
Amy went on to say the employer offered a settlement agreement, but the employee refused it.
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This then went to an employment tribunal, which deemed the claimant's refusal to use the Viper app as 'conduct' that could potentially 'be a fair reason for dismissal'.
However, the dismissal was ruled unfair as no 'reasonable' employer would dismiss an employee for refusing an intrusive app on their personal phone.
They also found potential alternative solutions existed, such as providing a work phone or restoring the app on a laptop. The journalist was right all along.
The journalist's employer also mistakenly believed she was self-employed, but she was not, meaning she was eligible to apply for a work phone or laptop and download the app that way.
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The tribunal found that the journalist's dismissal process was named 'procedurally unfair', and they did not conduct further investigation.
Therefore that is one case that suggests you can't be sacked for refusing to download a work app onto your phone - I for one will be sure to remember it.