Gross Misconduct (sleeping)

theoretica

FLM14 wrote: »

So straight forward then Gross misconduct. Case closed would the other factors not be considered break being taken, no responsibilities, feeling unwell etc.

I guess the problem with wanting these taken into account would be your insistence at the time and initially at investigation that you hadn't been asleep. If you had at the time pointed out an alarm set for the end of your break, or said yes you possibly were asleep and you clearly need to go home ill once undrowsy enough to drive then you would have a stronger case to invoke these. As it is, it will be hard to change horses mid-stream, especially as you suspect they want to reduce staff numbers.

HurdyGurdy

I'm curious, having read this thread. Assuming breaks are not paid, is it generally a requisite that staff remain awake during their working hours? I quite often go to my car for a nap at lunchtime (unpaid lunch break) if I've had a bad night's sleep. I though that how I choose to spend my time during my lunch break was up to me, as long as I'm not placing anyone else in any danger etc

Takeaway_Addict

HurdyGurdy wrote: »

I'm curious, having read this thread. Assuming breaks are not paid, is it generally a requisite that staff remain awake during their working hours? I quite often go to my car for a nap at lunchtime (unpaid lunch break) if I've had a bad night's sleep. I though that how I choose to spend my time during my lunch break was up to me, as long as I'm not placing anyone else in any danger etc

If its an unpaid break then you can do what you want pretty much, if it is paid then the employer can put whatever conditions they want on it

lulu650

FLM14 wrote: »

So straight forward then Gross misconduct. Case closed would the other factors not be considered break being taken, no responsibilities, feeling unwell etc.

If I understand correctly your argument at the investigation meeting was that you were NOT asleep. If you state the same at the disciplinary then how can you use the above as mitigating factors?

You should really be discussing what you are going to say at the disciplinary with your union rep as there are at least two people contradicting you and there may be more. If your employer believes others over you, there is a loss of trust and confidence in you as an employee.

theoretica

HurdyGurdy wrote: »

I'm curious, having read this thread. Assuming breaks are not paid, is it generally a requisite that staff remain awake during their working hours? I quite often go to my car for a nap at lunchtime (unpaid lunch break) if I've had a bad night's sleep. I though that how I choose to spend my time during my lunch break was up to me, as long as I'm not placing anyone else in any danger etc

I think the location would be an issue - sleeping in the work area is likely to be frowned upon as it won't be obvious to everyone you are on a break. Sleeping in your car or a break area you are more clearly off the clock.

Tenfourburt

A questions.

Your rolling hours over a reference period, are they within your contract, along with the rest days and rest between shifts?

I could quite easily say in my place you're flogging me to death and I'm ruined

There's a guy in my place who randomly and without notice nods off, he went to a doctor's and now has a disability... and the excuse to have a nice kip.

Offer to wear a motion/sleep detection device in work for your own protection as you think you are being set up, especially as the invrstigation is biased..

FLM14

They dismissed upheld both appeals & then we reached a settlement which inc £ & basic reference.

Thank you to all those that offered advice it did help.