In Ayad v WL Retail Ltd, the Claimant, a cheesecake café worker, successfully brought claims against her former employer after she was dismissed following complaints about the café’s temperature. Who knew the timeless office debate over temperature would one day result in £21,553.51 in compensation?
Background
The Claimant began working at Whipped London in May 2023. During the winter months, she messaged the Respondent’s WhatsApp group stating that the temperature in the shop “is getting very cold now”. She explained that her line manager had told her they “will not be getting a heater” and that staff were not allowed “to close the door” to the café. Despite wearing “three layers and a thermal vest”, the Claimant said she was struggling to work due to the cold.
The café co-owner responded by referencing a previous incident where a heater had been left on overnight, nearly causing a fire. Undeterred, the Claimant pointed out that most of the current staff were not employed at that time and would be more responsible. She also noted that the café was just 12 degrees Celsius that day.
After being informed by a customer that health and safety laws required working environments to be above 16 degrees, the Claimant reviewed the relevant regulations and shared her findings via the café’s WhatsApp group.
Subsequently, the Claimant was called to a meeting with one of the café’s co-owners, where she was criticised for lateness, an untidy stockroom, insufficient training, and complaints about management. Her working hours were then reduced, despite the Respondent hiring additional staff.
A few months later, the Claimant was invited to further meetings but was unable to attend due to childcare responsibilities. The Respondent later wrote to her, advising that her employment was being terminated due to “continual issues” with her “performance and attitude in the workplace”.
Tribunal decision
The Tribunal accepted that the Claimant’s complaints about the café’s temperature amounted to protected disclosures. It found that the Claimant had disclosed information in the reasonable belief that the health and safety of individuals had been, was being, or was likely to be endangered. The Tribunal also held that the disclosures were made in the public interest, as they were shared via the company’s WhatsApp group and related to workplace health and safety, which is an issue of public concern.
The Tribunal further accepted, based on the evidence presented, that the relationship between the Claimant and the Respondent changed following the protected disclosures. Amongst other things, WhatsApp messages showed that other café staff were repeatedly late to work, undermining the Respondent’s justification for dismissing the Claimant and suggesting that she had been singled out for her lateness.
The Tribunal also upheld the claim for automatic unfair dismissal, finding that the Claimant had successfully established that the reason, or principal reason, for her dismissal was her protected disclosures.
Lessons for employers
- Employers must listen to, and appropriately respond to, health and safety issues raised by staff.
- Workplace temperature is a legal issue – the Workplace (Health, Safety and Welfare) Regulations recommend a minimum workplace temperature of 16 degrees.
- Employers should regularly review their health and safety policies and ensure that all staff receive appropriate training.
How we can help
For further information, or to discuss the issues raised within this case, please contact us to speak to a member of our Employment Team.
This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.
