Would you be breeching your contract of employment if you refused to take the train further in passenger use on safety grounds? Maybe it every driver kep doing that something woild get done.
It would need to be on safety grounds, assuming that was not a breech of contract.
Why would doing something for safety reasons be a breach of contract ? However....
A pressure tactic used by management grades is to hang that sword over your head. "Are you refusing Driver.. ?" is a phrase that is well used to pressure a Driver into moving a unit or carrying out an action that breaches procedure/safety; especially where there are grey areas.
It should never be a case of a Driver needing to refuse an action. They should never be asked in the first place. The comment by Bahnause is what should be happening. The service should cease at the moment of incident. That pressure to continue hangs over all of us. The Signaller has a superb get out clause. They pretty much always ask "are you ok to continue Driver ?" The second you say "yes" its all recorded and logged. The full responsibility is then yours.
If you are placing a breach of contract above safety then you are making a compromise and are culpable for any action you then make.
Here is a 'fictional' example of how broken the railway is in regard to rules and safety.
2 units need to be moved. One is on the running line (A) (through platform) the other is on a terminal platform. (B)
Traincrew Supervisor : Can you take unit B into the sidings and then come back for Unit A ?
Driver : I have no problem doing that, let me call the Signaller first.
Driver calls the Signaller
Driver : Can I leave this unit here and move unit B into the sidings ?
Signaller : Sorry Driver I can't authorise that.
Driver : No worries Signaller, I'll speak with the TCS
Driver then speaks to the TCS and states he cannot move the unit concerned as he has no authority.
TCS : Driver, are you refusing ? Why are you being so akward, you are allowed to leave a unit on that platform
Driver : Signaller said no and no you cannot leave a unit on the running line
TCS : yes you are Driver, this platform has a local instruction, we have it here in the office, other Drivers do it, why are you being difficult.
So the people in charge are giving the Driver instructions to leave the unit where is is not allowed, knowingly breaking the rules, lying/misunderstanding about the local instruction, giving the Driver grief about refusing to carry out the movement. FYI the Driver was reported to his DM. The situation here is awkward as the local instruction is not as well know as it should be. Some Drivers get convinced by the TCS to leave a unit on the running line. The TCS is not rules trained. Thankfully the Driver carried out the correct actions.
'fictional' example 2
Amended diagrams all day. Units arriving on the reversible platform. 20 minute turnaround. Last trip you are relieved for PNB. Driver A is diagrammed their PNB, Driver B (already on their PNB) is diagrammed to relieve at departure time.
Driver A arrives, TCs the train, no relief Driver. Waits relief.
Relief Driver turns up as booked and relieves Driver A.
Driver A phones the TCS and states he is running 20 minutes late due to no relief. Next working needs to be cape or delayed.
TCS : Driver why did you remain on the platform and not take your PNB.
Driver : No relief
TCS : Doesn't matter, you should have left the train on the platform, your due out on time.
Driver : Not allowed to leave the unit on a running line.
TCS : Yes you are, Its booked and has been running like that all day.
Driver : No your not.
TCS : Platform X is allowed to have trains left, its been like that for years, we have a local instruction.
Driver : Sorry but that is incorrect you need to check your local instructions.
TCS : Driver are you refusing ?
Driver : Yes.
Driver got reported. DM stated that the Driver failed to carry out a Management instruction and will be disciplined. The Driver was informed by the DM that the Manager may have other information at hand and knows better so the Driver must carry out the instruction regardless. If the Manager is then found to be wrong then that is a separate issue. This move was booked by Diagrams/Planning. So they have booked a train movement directly against the rulebook :/
So knowing an instruction is wrong the Driver is still told to carry it out because they were instructed by Management and can face disciplinary if they refused. However, knowingly carrying out an unsafe action is itself a disciplinary offence and a quite serious one. That threat of action being taken against you; 'breach of contract' etc. leads to a compromise in safety.
Those are of the lower end of the spectrum examples. Others have been quite serious.
Both Unions need to address things like this. Again, they rather deal with the disciplinary than deal with the root cause of why examples like this happen quite regularly.