If an employee refuses to, or, on repeated requests, does not sign their terms and conditions of employment can action be taken?

In theory an employer could potentially discipline an employee for failure to obey a reasonable request or instruction, where the employee simply refuses to sign her/her employment contract, although depending on the disciplinary sanction in question, such action may be seen as excessive.

However, if terms and conditions of employment have been presented some time ago, and both parties are in effect acting in accordance with the contract, (i.e. the employee is working, and the employer is paying him/her) whether a certain term will be legally binding will depend on the disputed term, and to what extent it affects the employment relationship.

The employer would be entitled to argue that it