A cheesecake café worker whose hours were reduced, and who was later dismissed after she complained that it was too cold to have the door open, has been awarded £21,600 at the employment tribunal.
The employment judge said that Ms Ayad’s complaints that the café should be at least 16°C under health and safety rules amounted to a protected disclosure and that her employer’s treatment of her after this changed.
Ayad worked at Whipped London, a cheesecake café in Covent Garden, from May 2023 until she was dismissed nearly a year later. The tribunal heard that Whipped’s owners had a rule that the café door was to be kept open to increase customer footfall.
‘Very cold’
On 29 November, Ayad wrote on the company WhatsApp: “Hey guys. I need to bring to attention the temperature in the shop is getting very cold now with the weather outside. I have spoken to Elijah and he has let me know that we will not be getting a heater, nor are we allowed to close the door.
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“Please may this be reconsidered as it was very cold all day today and it’s difficult to work like that. I was also wearing three layers and a thermal vest.”
Café co-owner and chef Alice Churchill replied: “Last time we had a heater someone left it on overnight with a piece of paper over it and as a result the shop nearly burnt down.”
Ayad responded: “I understand the trepidations, but most of us were not working then and it was not our fault, I do believe we will all be responsible. The shop was at 12 degrees today.” She added a few minutes later: “Also, with restocking the fridge etc, we are constantly in cold.”
On 7 December 2023, Ayad wrote: “I’ve also heard that in terms of health and safety, the working environment has to be above 16 degrees.”
Employment Judge Jillian Brown accepted the claimant’s evidence that a regular customer had told her this and that she had read Health and Safety Executive regulations that, for indoor workplaces, the minimum temperature should be 16°C.
‘Last straws’
The tribunal heard that on 22 December 2023, Ayad’s line manager, Elijah, told her: “Alice is on her last straws with you.” Ayad had been five minutes late to work and commented that she didn’t know she was on any straws at all.
She asked if this was a verbal warning. Elijah shrugged and said: “Take it as you want, I am just telling you what she said.”
The tribunal heard that staff at the Whipped café were regularly late, as shown by numerous WhatsApp messages communicating their reasons.
On 10 January 2024, Ayad was called to a meeting with Jamie Musialek, the other co-owner and Churchill’s husband. He accused Ayad of lateness, having a messy stockroom, needing training on baking cookies, and of criticising him and his wife at the Christmas party, although he did not say what she was alleged to have said.
From January 2024, Ayad’s working hours were reduced by about one hour per shift. Whipped claimed this was because of a lack of available hours. However, from the rotas shown to the tribunal, it appeared that other staff began working longer hours and that more staff were being hired.
In April 2024, Whipped asked Ayad to attend meetings, but she was unable to make the dates requested because of childcare and other reasons.
On 24 April 2024, Churchill emailed Ayad: “We would have liked to have discussed the following with you in person, but unfortunately, despite offering potential dates for a meeting this week, you were unable to attend any suggested dates or times.
“As you are aware, over the past few months, there have been various verbal and formal warnings regarding your poor time keeping, attitude towards the role and respect for your team and workplace… With this in mind and due to the continual issues with your performance and attitude in the workplace, we will be terminating your employment with immediate effect.”
Protected disclosures
Judge Brown decided that her complaints about the cold temperature in the workplace amounted to protected disclosures and that her treatment after them deteriorated. She concluded Ayad’s dismissal was not because of lateness, inappropriate attitude or performance, and that these were not the real reasons for dismissal.
The judgment said: “The respondent did not attend to be cross-examined and the reasons appeared to be scant and unconvincing. In reality, I decided that the claimant had proven, on all the facts, that what had changed in the relationship between the claimant and the respondent was the Claimant’s protected disclosures in November and December 2023. The working relationship changed from that time, with the claimant being told she was on her ‘last straws’ with Alice and being given fewer hours.”
Ayad was awarded £8,600 compensation for unfair dismissal, £11,240, as well as smaller amounts for wrongful dismissal, unpaid wages, holiday and pension. The full amount totalled £21,600.
WL Retail, which owned Whipped, ceased trading in June 2025. On 16 July 2025, its director wrote to the tribunal, confirming that any judgment in favour of the claimant would rank as an unsecured claim against the company.
Harriet Hutchinson, an associate at Birketts law firm, said: “From an employer’s standpoint, the key takeaway is the importance of recognising and responding appropriately to health and safety concerns.
“In this case, the judge found that the claimant made protected disclosures under s.43B Employment Rights Act 1996, regarding the minimum temperature in WhatsApp messages to her employer. It therefore serves as a useful reminder that employers should ensure that managers are trained to identify potential whistleblowing disclosures and escalate them appropriately.
“The case also highlights the importance of ensuring reasonable temperatures in the workplace in line with health and safety guidance, a timely reminder given the recent heatwaves. Failing to do so not only risks employee wellbeing but can also lead to significant legal and reputational consequences.”
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