Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsEmployment lawEmployment tribunals

Dozy tribunal member takes a return flight to the land of nod

by Personnel Today 15 Feb 2006
by Personnel Today 15 Feb 2006

HR professionals know that tribunals can be lengthy and tiring, and require great feats of concentration. But what happens when a tribunal member actually falls asleep during a hearing?

Last week, it emerged that a tribunal ‘wing member’ had apparently nodded off not just once, but twice, during a hearing last year to discuss the unfair dismissal claim of Fordyce v Hammersmith and Fulham Conservative Association.

During the hearing last March, the association’s lawyer noticed that one of the wing members – two supporting members who flank the tribunal chair-person – appeared to have been asleep “for a significant part of the evidence during the second morning of the hearing and after discussion at lunch time”.

The first time he nodded off, the association’s lawyer raised the problem with the tribunal, but both sides agreed to continue. However, after the tribunal threw out Fordyce’s unfair dismissal claim, her lawyer appealed, citing the second time the wing member fell asleep.

In a ruling last week, the Employment Appeal Tribunal (EAT) held that, by initially agreeing to continue, Fordyce’s lawyer had waived the right to object to the initial episode. But the right to object arose again when the wing member dozed off a second time. The EAT ordered a rehearing.

Eyes wide shut: in defence of old sleepy head

According to the EAT, the wing member “continued to turn to the correct page… when directed by counsel” but said that this could have been “the knee-jerk reaction that many a school child has learned over the years”. The tribunal chairwoman didn’t notice he was asleep as “he was not in her line of vision and he made no sound”.

But the tribunal’s other wing member leapt to his colleague’s defence, stating he “does tend to sit with his eyes closed, or seemingly closed, and this led me to think this was his way of concentrating on the proceedings”.


Avatar
Personnel Today

previous post
Guide launched to help employers meet DDA obligations
next post
Lords ruling could add to pension woes

You may also like

NHS should upskill admin staff to reduce waiting...

23 May 2022

Pay gap between CEOs and employees set to...

23 May 2022

‘It’s International HR Day – wait, you didn’t...

20 May 2022

Policeman dubbed ‘Dolly Parton’ for working Nine to...

20 May 2022

Adapt culture to hybrid work: do not force...

20 May 2022

Women in FTSE 350 leadership: ‘A lot of...

20 May 2022

City firms pledge to improve social mobility in...

20 May 2022

Squishy, flabby, foggy HR? Andrew Bartlow talks to...

20 May 2022

Movers and shakers May 2022: John Lewis and...

20 May 2022

City workers desert offices in favour of hybrid...

20 May 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+