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legal update  /  27th Aug 2025

Too cold to work? Café worker wins £22k tribunal claim

SECTION GUIDE

Is your business too cold to work?

A London café has been ordered to pay more than £22,000 to a part-time worker after she raised concerns about freezing working conditions, that they believed were too cold to work in. The case of Ayad v WL Retail (Whipped London) shows just how quickly a simple complaint can escalate into a costly legal battle.

For UK employers, it’s a sharp reminder: health and safety laws apply to all workplaces, no matter how small, and ignoring staff concerns can lead to tribunal claims.

The case: What happened

  • The worker: Leila Ayad, part-time café assistant.
  • The complaint: Staff were asked to work with the shop door open in winter. Temperatures dropped to as low as 12 °C—below the Health & Safety Executive’s recommended minimum of 16 °C for indoor workplaces.
  • The response: After Ayad raised her concerns on a staff WhatsApp group, her hours were cut and she was later dismissed.
  • The outcome: The tribunal found she was unfairly dismissed for making a protected disclosure (raising health and safety concerns). She was awarded compensation covering unfair dismissal, unpaid wages, holiday pay, pension contributions and an ACAS uplift.
  • The total: £21,600+ awarded.

Why it matters for employers

  1. Workplace temperature is a legal issue
    UK law does not set a hard minimum temperature, but HSE guidance is clear: 16 °C for most indoor work (13 °C if strenuous), anything lower is too cold to work. Falling short can create legal and health risks.
  2. Protected disclosures aren’t just “whistle-blowing”
    If an employee raises a genuine health or safety concern, it’s legally protected. Cutting hours, disciplining or dismissing them afterwards can be classed as retaliation.
  3. Tribunal claims snowball quickly
    One complaint led to claims of unfair dismissal, unpaid wages, holiday pay, pension breaches, and an ACAS uplift. Costs mount up fast.
  4. Reputation and compliance go hand-in-hand
    Beyond the financial penalty, the case received national media coverage, potentially damaging the café’s brand.

 

 

Too Cold to Workimpact hr ident

Does this need to be required?

Can we remove this from required?

  • What employers should do

    • Monitor workplace temperatures – Ensure heating is adequate and record checks during colder months.
    • Provide a safe way to raise concerns – Have a whistleblowing/health & safety policy, with clear reporting lines.
    • Train managers – They should know how to respond appropriately to complaints.
    • Follow fair process – Always use proper disciplinary and dismissal procedures in line with ACAS codes.
    • Check payroll compliance – Avoid extra claims by ensuring wages, holiday pay and pension contributions are accurate and up-to-date.

  • impact HR’s take

    At impact HR, we often see SMEs unintentionally expose themselves to risk by overlooking simple compliance steps. Something as basic as workplace temperature can spiral into a tribunal if not handled properly.

    We can help you:

Your Questions Answered

FAQs – Workplace Temperature and Employment Law

  • What is the minimum legal workplace temperature in the UK?Reveal

    The law doesn’t set an exact figure, but the HSE recommends 16 °C for most work (13 °C if strenuous).

  • Can an employee be dismissed for complaining about working conditions?Reveal

    No. If the complaint relates to health and safety, it’s a protected disclosure under the Employment Rights Act. Dismissal or retaliation may be unfair dismissal.

  • What counts as a protected disclosure?Reveal

    Any genuine report of a risk to health, safety, or legal compliance. It doesn’t need to be formal—raising it in a meeting or even a WhatsApp group can count.

  • What steps can SMEs take to avoid tribunal claims like this?Reveal

    Have clear policies, train managers, act promptly on complaints, and ensure all wages and benefits are paid correctly.

Key takeaway

This tribunal is a reminder that small oversights, like letting a workplace get too cold, can have big legal and financial consequences.

By creating a safe environment, listening to employee concerns, and following fair HR processes, businesses can protect both their people and their reputation.

If you’d like tailored support to keep your workplace compliant, impact HR is here to help.

Make an enquiry

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