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!