Falling asleep on the job can lead to major problems. If you nod off for a few minutes during a training session then, chances are, no-one is going to notice. If your job involves driving or operating dangerous machinery, then it is a much more serious issue. The Telegraph recently reported that a criminal barrister had been cleared of professional misconduct after falling asleep during a remote hearing. She snoozed all the way through her own client’s cross-examination. The judge was alerted when she failed to respond when he asked if she had any further questions. She had been asleep for over two hours. Much was made in this case of the fact that the barrister fell asleep after having had a jacket potato for lunch. In the event, the Bar Standards Council accepted her explanation that the lapse in concentration had been due to medical issues and she was cleared of misconduct. 

Commentators have argued that this case should never have reached a professional misconduct hearing given the barrister’s unblemished record and clear medical factors at play. If you encounter issues with employees falling asleep on the job, make sure you consider the following:

  • Are there any mitigating circumstances? Ill health, personal problems or wider workplace issues?
  • Was health and safety endangered as a result of the employee’s actions?
  • If employees are working in a hazardous environment, do you have a clear procedure for employees to follow if they become fatigued at work? Employees in such roles who come to you and own-up to feeling tired should be supported and not reprimanded.

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

4 minute read
Wollens Welcomes Five New Trainee Solicitors - Wollens Solicitors Devon

Wollens Welcomes Five New Trainee Solicitors

Read Article
4 minute read
No Right of Way? Five Solutions When a Property Has No Recorded Access Rights - Wollens Solicitors Devon

No Right of Way? Five Solutions When a Property Has No Recorded Access Rights

Read Article
7 minute read
From draft to detail: understanding the key terms in your share purchase agreement - Wollens Solicitors Devon

From draft to detail: understanding the key terms in your share purchase agreement

Read Article
8 minute read
Can my solicitor help me stay in my own home? - Wollens Solicitors Devon

Can my solicitor help me stay in my own home?

Read Article
9 minute read
Buying neighbouring land - Wollens Solicitors Devon

Buying neighbouring land

Read Article
3 minute read
When A&E Gets It Wrong: The Rise in Emergency Department Claims - Wollens Solicitors Devon

When A&E Gets It Wrong: The Rise in Emergency Department Claims

Read Article
6 minute read
Corporate Restructuring: A Foundation to Success - Wollens Solicitors Devon

Corporate Restructuring: A Foundation to Success

Read Article
4 minute read
Understanding Erb’s Palsy - Wollens Solicitors Devon

Understanding Erb’s Palsy

Read Article