Are you awake?

Falling asleep whilst at work. It shouldn’t happen, but a recent case heard by the Employment Tribunal related to an employee who did, and was then dismissed by his employer as a result.

The employee in question was working in a CCTV control room and was observed as being asleep during a spot check. When giving evidence, he said that he was closing his eyes on medical advice, and in any event wasn’t dozing, but wanted to meditate and think. Whilst there was some evidence of an eye condition, this was all found to be false, and that he was, in fact, asleep.

The employer had investigated the situation at the time and had found he had been asleep. As a result, they treated it as gross misconduct and dismissed him.

The Tribunal had to decide whether this decision was a reasonable response, which a reasonable employer may have taken. If it was, then the dismissal was fair. It thought about the importance which was placed on the role, and the service provided by the employer to its client, and how to remain awake was fundamental. It could have had serious consequences for the security of the site in question.

However, the Tribunal considered it carefully, and looked at previous cases, which talked about the difference between dropping off unintentionally, and some deliberate plan to sleep. They also took into account an unblemished record of service for 16 years, that it was an inadvertent dozing off, and the fact that there was no discernible harm done. Overall, in this case and based on the facts here, it was found that the employee had been unfairly dismissed, as this was not a reasonable response from the employer. He should have been given a final written warning.

The main thing, of course, is that you have not fallen asleep whilst reading this article...