Coffee shop worker compensated after colleagues' texts prompt resignation

Tuesday 27 April 2021

A coffee shop chain has been asked to pay £910 in damages to a former employee who resigned after seeing colleagues' text messages about her.

The Employment and Discrimination found that Jade Lally – who worked at Barista Coffee Bar and Barista by the Beach between September 2019 and September 2020 – was constructively dismissed.

The Tribunal found that Ms Lally had not suffered unfavourable treatment or harassment related to disability when her employer amended a clause in her contract limiting sick pay to a maximum of 10 days a year.

Neither did the Tribunal find evidence of any increased hostility against Ms Lally when she returned to work after two weeks’ isolation following a trip to Scotland. 

Again, the Tribunal concluded that it was not satisfied that Ms Lally’s boss had discriminated against her by helping another colleague draft a lengthy text message to Ms Lally asking her not to discuss any private or personal issues with her.

Although the Tribunal did criticise the Barista Holdings for not paying Ms Lally’s full salary at the end of each working month, it did not constitute direct discrimination or harassment, it said.

It concluded: “Having carefully considered all of the allegations made by the claimant, the Tribunal has found that none of the acts referred to satisfy the tests for direct discrimination or harassment and accordingly the discrimination claims fail.

However, she lost her claims for automatic unfair dismissal and discrimination on the grounds of disability.

However, the Tribunal did criticise the company’s Managing Director for sending electronic messages to another employee referring to Ms Lally.

It said: “The Tribunal does not underestimate the impact that some of the Respondent’s actions have had on the Claimant [Ms Lally] and, while the conduct of the Respondent may not have been found to be discriminatory, some of it... was both inappropriate and unprofessional. 

“It is hoped that [the Managing Director] has learnt from this experience and in future will give greater consideration to what she writes to and about all of the Respondent’s employees, and in particular those who could be considered to be vulnerable.”

Although the Tribunal recognised that the Managing Director did not intend for Ms Lally to see the messages, which she did and promptly resigned, it said: “The Tribunal finds that there was a breach of the implied duty of trust and confidence between the parties, which is necessarily repudiatory. 

“The Claimant asserts she resigned as a result of this breach and the Respondent has not provided any alternative reason for the Claimant’s resignation.

“The Tribunal, therefore, finds that the Claimant resigned as a result of the breach of the implied term of trust and confidence.”

A claim for unpaid holiday pay was also agreed and Ms Lally was awarded an additional £80.