A former cafe worker at Whipped in Covent Garden has been awarded more than £20,000 after she was dismissed following her complaints about working in the cold.
An Employment Tribunal heard how indoor temperatures in the cafe fell as low as 12°C during the winter when managers insisted on leaving the door open to encourage customers to come inside. Ms Ayad said she had to wear ‘three layers and a thermal vest’ to stay warm but was not allowed to use an electric heater.
In November 2023, she complained in the company WhatsApp group (which included owners and staff), that it was becoming difficult to work in cold temperatures.
The Tribunal heard that one of the co-founders responded to the message mentioning a previous incident where the shop nearly burnt down after a heater was left on overnight and insisted on the door being left open.
In December 2023, Ms Ayad once more raised concerns about the temperature, directing her employer to Health and Safety Executive guidance which states that the minimum indoor working temperature should normally be at least 16°C. She was told that a heater had been ordered but that the door must be left open to avoid customers walking off.
The Tribunal heard that the following January, Ms Ayad was called to a meeting with both co-founders and was accused of poor timekeeping, leaving the stockroom untidy and criticising the co-founders at the staff Christmas party.
Following the meeting, her hours were reduced due to a ‘lack of available hours’, and in April she was dismissed via an email which cited that her work had not improved after ‘formal warnings’ with regards to poor timekeeping and attitude. The Tribunal was told that Ms Ayad wasn’t paid any outstanding wages or holiday pay.
Employment judge Jillian Brown said Ms Ayad was ‘reasonable in her belief that health and safety was being endangered’, and that her comments amounted to a protected disclosure. She further concluded that the company’s treatment of her deteriorated after the comments.
The Tribunal ruled that Ms Ayad was unfairly dismissed. Other claims, including wrongful dismissal and failure to pay notice pay, were also successful. Ms Ayad was awarded £21,553.51 in compensation, which included an award of £10,000 for injury to feelings in respect of the Whistleblowing claim, and a 10% uplift in the compensatory unfair dismissal award due to the company’s failure to follow the ACAS Code of Practice on Discipline and Grievance.
This case highlights both employer obligations in maintaining safe working temperatures and the importance of training managers in the legal protections afforded to employees who raise legitimate concerns. Failure to do either can lead to serious legal and reputational risks.
If you need assistance with regards to anything mentioned in this article, or have any other HR, Employment Law or Health, Safety and Wellbeing issue, get in touch on 01942 727200 or email enquiries@employeemanagement.co.uk to find out how we can help.