Can I be dismissed for falling asleep at work?
You might think that falling asleep at work is a dismissible offence. But it might not be. As with many legal matters, it depends on the circumstances of the case.
This article includes two stories about employees who fell asleep at work, were dismissed, but then won their claims of unfair dismissal.
Case study 1: Teacher who won nearly £170,000
In 2006, Jason Smith joined the prestigious Wetherby Prep School in Notting Hill, London. It’s the school that was attended by the Prince of Wales and the Duke of Sussex, and costs £28,500 per pupil each year.
For 14 years, Jason’s teaching there was praised, and he had a good attendance record. But then his personal relationship broke down. In January 2020, he took mental health-related absence followed by 18 sick days over the next three months.
Jason was referred to occupational health (OH), which diagnosed him with anxiety and depression compounded by poor sleep, and he was signed off work until June 2021.
He went back to the school that September, but unlike the rest of the staff, he found he hadn’t been allocated a weekly timetable or designated desk.
In a conversation with Anna Dingle, who was deputy head teacher at the time, Jason said he felt confusion and a lack of purpose. He was assigned a lighter workload.
However, some parents then complained about his interactions with students, and three OH assessments described his mood as “volatile and emotional”.
Investigations by the school revealed that he had dozed off in front of colleagues and students on several occasions, including once when he slept for 10 minutes during a lesson.
In July 2022, Jason was dismissed on “grounds of ill-health”, because he had fallen asleep at his desk and also failed to report multiple absences.
He took the school to the employment tribunal, for unfair dismissal and discrimination.
At the tribunal, he gave various reasons for sleeping during school hours, including that he had Covid, that he was a “deep thinker” who closed his eyes to concentrate, and that he’d eaten a large lunch. He also complained that senior staff treated him like a “disease”.
Judge Lewis determined that Jason’s sleep episodes and absences were primarily linked to having mental health issues as the result of anxiety and depression, which count as a disability.
Because Jason was dismissed “without being heard”, he was awarded £168,441.30 in compensation.
Case study 2: Security officer awarded over £20,000
Mr C Okoro spent 16 years working as a CCTV controller for Bidvest Noonan – a cleaning, security and facilities services company. His main role was as the sole security officer monitoring CCTV footage for one of their clients, the Xscape shopping centre in Milton Keynes. His shifts typically followed a ‘four on, four off’ pattern.
One day in September 2022, soft services manager, Claire Hawes, conducted a spot check via CCTV, where she observed Mr Okoro apparently asleep at his workstation. She emailed this observation to her supervisor, Muhammed Choudhry, key account manager, who reviewed the footage and confirmed that Mr Okoro had been asleep for 15 minutes from 5.03am to 5.18am.
Mr Choudhry invited Mr Okoro to attend an investigation meeting on 9 September, where he could view the CCTV footage to prove he’d been sleeping.
Mr Okoro denied being asleep, and claimed he was looking away from the monitors to “meditate” and “think”, and because he had dry eyes.
Mr Choudhry consulted Bidvest Noonan’s HR department who referred Mr Okoro for an occupational health assessment. However, Mr Okoro refused permission for the results of this assessment to be shared with the company.
In Mr Choudhry’s investigation report, he concluded that Mr Okoro had fallen asleep on duty. He was therefore dismissed on 23 December 2022 for gross misconduct.
In February 2023, Mr Okoro made claims of unfair and wrongful dismissal at the employment tribunal, and presented evidence of medical treatment for his eye condition.
The tribunal decided that, while eye discomfort might have been a factor, the evidence showed that Mr Okoro was indeed asleep during the observed time. However, it was Mr Okoro’s sixth consecutive night shift, it happened at around 5am, and the shopping centre he was providing security for was closed and locked at the time, so the risk to the public and his employer were minimal.
The tribunal emphasised that staying awake during shifts was essential to the company’s service agreement, and that sleeping on the job may have had serious implications, including contract cancellation, causing financial and reputational harm to his employer.
However, in the version of Bidvest Noonan’s disciplinary policy that was submitted to the tribunal, gross misconduct was defined as “purposeful” breaches of contract, standards, rules and regulations, and theft of money or property, among other things. Many forms of misconduct were listed, including poor timekeeping, unsatisfactory work standards and inappropriate attitude or demeanour. However, involuntary acts and ‘sleeping on duty’ were not specified as gross misconduct.
Judge Conley ruled that being dismissed was outside the “band of reasonable responses” and that a final written warning would have been a more suitable response given Mr Okoro’s 16-year record of spotless service.
Mr Okoro won his claim for unfair dismissal and was awarded £20,521 in compensation. This included £5,138 for damages of breach of contract in respect of notice, a basic award of £5,210, and compensation for financial losses of £10,172. He was also ordered to pay Bidvest Noonan £4,030 in costs.
What this means to you
If you are accused of falling asleep at work, your employer should conduct a fair investigation into the reasons why. Context is key!
If you have a medical reason for falling asleep, your employer should take that into account. Similarly, if you have no previous disciplinary record, and you having been asleep caused no repercussions, appropriate sanctions might include a warning instead of dismissal.
Even if it’s ‘fair’ to dismiss you, your employer must follow a fair process when doing so.
If they don’t, and you want to claim for unfair dismissal, there are certain steps to follow (see the first link below). Note that timing is critical, as your claim must be submitted within three months.
That’s why it’s wise to talk to us early on. As employment lawyers, we’ll advise on your chances of winning your case, and the amount of compensation you might receive. You’ll find our expert team are friendly and helpful, and the initial conversation is free.
Related reading
For more on this subject, please see our related articles. These include:
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