Whistleblowing in the Workplace: How a Café’s Cold Environment Led to Unfair Dismissal

In a notable Employment Tribunal case, a cheesecake café worker was awarded £21,600 in compensation after her dismissal was found to be unlawful. The worker, employed at a well-known Covent Garden café, had her hours cut and was ultimately dismissed following her complaints about the cold working environment and concerns over health and safety regulations.

The central issue was the worker’s push to highlight that the premises were unreasonably cold, with the temperature failing to reach the minimum of 16°C recommended by Health and Safety guidelines for indoor workplaces (for non-strenuous work). On 29 November 2023, she raised her concerns via WhatsApp messages to colleagues, pointing out that the shop was at just 12°C and that it was difficult to work while wearing multiple layers. She also noted that the café’s policy of keeping the door open to attract customers was exacerbating the cold environment.

Reacting to the concerns, a co-owner and chef replied with caution, citing past incidents where heaters had caused fires. The worker responded respectfully, emphasising her responsibility and that she wore thermal clothing to cope with the cold. The tribunal accepted her account, noting that the regulations she referenced—which stipulate a minimum temperature of 16°C—were legitimate and that her disclosures constituted whistleblowing under employment law. Following her whistleblowing, the tribunal found that her treatment by the employer worsened. In December 2023, her line manager warned her that she was on her “last straws” after she was five minutes late to work—a remark viewed as a warning, despite frequent lateness among staff. Later, in January 2024, she faced a series of allegations from the co-owner, including lateness, messy stock and criticisms of management at a Christmas party. Her working hours were reduced by about an hour per shift, though evidence suggested other staff were working more hours and new staff were being hired.

In April 2024, she was asked to attend meetings to discuss her performance, but childcare commitments prevented her from attending. Shortly thereafter, she received an email accusing her of poor timekeeping, attitude and lack of respect for the team, leading to her immediate dismissal. The tribunal concluded that these reasons were unconvincing and that the real cause of her dismissal was her whistleblowing disclosures about the cold environment and that she had been treated to an unlawful detriment as a consequence of her complaints.

The judge emphasised that the employer’s failure to properly address the health and safety complaints and the subsequent deterioration in the working relationship demonstrated that the dismissal was unfair. The worker was awarded compensation for unfair dismissal, wrongful dismissal, unpaid wages, holiday pay and pension contributions, totaling £21,600.

This case underscores the importance for employers to recognise and respond appropriately to health and safety concerns raised by employees. Managers should be trained to identify whistleblowing disclosures and escalate them properly. Failing to maintain reasonable workplace temperatures not only jeopardises employee wellbeing but can also lead to significant legal and reputational risks. The case serves as a timely reminder that health and safety regulations are vital in protecting workers and that violations can have serious consequences for employers.

This case summary is not legal advice. For guidance tailored to your personal circumstances, please seek specific legal advice. The summary reflects the current legal position at the time of publication.

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