Cafe Worker Wins £20,000 After Being Forced to Work with the Door Open in Winter
A cheesecake cafe worker has won over £20,000 at an employment tribunal after raising concerns that working with the door open made her uncomfortably cold. The woman, employed at Whipped in Covent Garden, London, claimed her managers insisted on keeping the door open to encourage customers to enter. However, this practice resulted in freezing temperatures inside the shop during winter, often falling well below the Health and Safety Executive’s recommended minimum of 16°C for indoor workplaces. To cope with the cold, the worker had to wear “three layers and a thermal vest” and was informed that staff were not permitted to use an electric heater.
After speaking with her manager, the worker sent a message in the company group chat, which included the owners and staff, highlighting that the shop had become very cold. On 29 November 2023, she wrote: “Hey guys. I need to bring to your attention that the temperature in the cafe is getting very cold now with the weather outside. I have spoken to my line manager, and he has let me know that we will not be getting a heater, nor are we allowed to close the door.”
Whipped co-founder Alice Churchill responded, explaining that the last time they had a heater, “someone left it on overnight with a piece of paper over it, and as a result, the shop nearly burnt down.” The worker insisted that staff would be “responsible” and noted that the temperature in the shop was 12°C, adding that they were “constantly cold.” The following month, she reminded the manager in the staff group chat that, in terms of health and safety, the working environment must be above 16 degrees. Later the same day, Ms Churchill announced in the group chat that a heater had been ordered.
In January, the worker was called to a meeting by Ms Churchill’s husband and co-founder, Jamie Musialek, who accused her of being late to work, having a messy stockroom, and “criticising” him and his wife at the staff Christmas party. Following the meeting, her hours were reduced, and she was told this was due to a lack of available hours. In April, she was fired on the grounds that her work was not improving after “formal warnings regarding poor timekeeping, attitude towards the role, and respect for the team and workplace.” The company refused to pay her outstanding wages or holiday pay.
In awarding her £20,000, the tribunal found that the worker was “reasonable in her belief that health and safety was being endangered” and that her comments in the chat were “for the benefit of all employees.” The tribunal ruled that the real reason for her dismissal was that she made “protected disclosures,” commonly known as whistleblowing, which is protected against unfair dismissal and detriment. Her other claims, including failure to pay notice pay, were also successful.