What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Asleep On The Job – But Still Unfairly Dismissed

It might seem obvious that falling asleep at work is a sackable offence. But a recent tribunal ruling reminds employers to look at the bigger picture before jumping to dismissal.

In Okoro v Bidvest Noonan (UK) Ltd, Mr Okoro worked as a CCTV controller. He nodded off briefly while on duty and was later dismissed for gross misconduct.

Mr Okoro brought an unfair dismissal claim. The tribunal agreed that the employer had followed the right steps when investigating and forming its belief that he’d fallen asleep (based on the Burchell test). But it still found the dismissal to be unfair.

Why? Because dismissal wasn’t a reasonable response in the circumstances (Sainsbury’s v Hitt). The tribunal highlighted several key factors:

Mr Okoro had 16 years of unblemished service
The incident was brief – he was asleep for just 15 minutes
Falling asleep wasn’t listed as gross misconduct in the company’s disciplinary policy
There were no serious consequences from the incident

He was awarded over £20,000 in compensation.

What should HR take from this?

Even when misconduct is proven, employers must consider the wider context before deciding to dismiss:

Check your policies: If you want to treat certain behaviour as gross misconduct, be clear in your disciplinary rules.
Consider the individual: Long service and a clean record weigh heavily against dismissal.
Assess the impact: Was the conduct deliberate? Did it cause real harm?

Not every mistake justifies dismissal – and failing to recognise that could prove costly.