Most people involved in employment tribunal proceedings - whether as a party, witness, advocate or observer - find the experience challenging to some degree. Some find it stressful, others exciting, others nerve-racking, while some find it downright terrifying. There are not many who find the experience boring to the point that it sends them to sleep.

Not so the members of tribunal panels, it seems. A high-profile case in 2004 involving a sleeping tribunal member was mirrored at a hearing last year in the London case of Fordyce v Hammersmith and Fulham Conservative Association.

Once the case had started, the barristers representing the parties both noticed that one of the three panel members had apparently gone to sleep and had missed a substantial chunk of the morning's evidence.

When concerns were raised after the lunchtime adjournment the tribunal chairman, following established guidelines, offered the parties the option of abandoning the proceedings and starting again. Perhaps surprisingly, but presumably mindful of the increased costs which would be incurred if the hearing started again from scratch, both parties agreed to continue.

The matter did not, however, end there. Astonishingly, the same panel member was again observed to be asleep on a number of occasions later in the trial. Although he continued to flick through his bundle of documents in what might, according to the Employment Appeal Tribunal, have been "the knee-jerk reaction that many a school child ... has learned over the years", he was, according to at least one barrister who was present, most definitely asleep.

Mrs Fordyce went on to lose her case. She appealed to the Employment Appeal Tribunal who upheld her appeal, saying the sleeping member could not have properly contributed to the panel's decision. The case was referred back to be heard again by a different panel. Whether that panel can make it through without nodding off remains to be seen.

- Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 14/02/2006