Case
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. 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. In those circumstances, the EAT had been correct to substitute a finding of unfair dismissal for the tribunal's decision.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
View our privacy policy, cookie policy and supported browsers.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.