Falling asleep on the job? A cautionary tale

It’s one thing to nod off for a few minutes during a training session (who hasn’t!).  Chances are, nobody will notice, and the only consequence might be a bit of embarrassment. However, if your job involves driving or operating dangerous machinery, then it is a much more serious issue.

But the consequences can be significant, even for those not behind the wheel. 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. Fortunately, 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. What do you think?

Tips for employers

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?
• Were there risks to health and safety because of the employee’s snooze?
• If employees are working in a hazardous environment, do you have a clear procedure for them to follow if they feel tired at work? Employees in these roles should be supported and not reprimanded. They should be encouraged to come forward and allowed to take a rest break until they feel safe to continue.