Tribunal member appears asleep due to medical condition

If an Employment Tribunal member is apparently asleep for 15 – 20 seconds during a hearing and is observed drooling (though presumably drooling isn’t mandatory), is the resulting judgment flawed to the extent it should be overturned on appeal? In a recent case the EAT found that this was not sufficient grounds to overturn the judgment. This is not the first case of its nature, however, and a longer period of inattention could well result in the matter having to be reheard.  It’s always worth keeping an eye on the person hearing your case!

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