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Misconduct: Dismissal for sleeping on duty was unfair

This report relates to 1 case(s)

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    William Grant & Sons (Distillers) Ltd v Stuart 9 June 1998 CS (0 other reports)

An employee found sleeping while on weekend working duty was unfairly dismissed, in circumstances where the employer practised a relaxed working regime which permitted employees to come and go as they pleased so long as their work was completed within their shift, holds the Inner House of the Court of Session in William Grant & Sons (Distillers) Ltd v Stuart 9.6.98 Court of Session. The employment tribunal's finding that, by sleeping on duty, the employee had put at "potential risk" an effluent plant which required checking, was flawed and unsupported by the evidence.