Restaurant manager dismissed after reporting mouse droppings: whistleblowing claim fails
A restaurant manager with six months' service who reported mouse droppings and chef misconduct was not automatically unfairly dismissed, but won £3,201 for unpaid tronc and holiday pay.
1 min read · Last updated 18 May 2026
Case details
- #public-interest-disclosure
- #health-and-safety
- #tronc-payments
- #holiday-pay
- #unfair-dismissal
- #mouse-infestation
Key facts
- The claimant was employed as a restaurant manager from 15 November 2021 until dismissal on 2 May 2022.
- The claimant made three disclosures about chef conduct, mouse droppings, and food hygiene issues.
- The respondent already had pest control measures in place and took action after an environmental health inspection.
- The claimant was dismissed for poor performance and friction with kitchen staff, not for making disclosures.
- The tribunal found the claimant was entitled to tronc payment for May 2022 (£1,667) and holiday pay (£1,534.44).
- The claimant lacked two years' service, so only automatic unfair dismissal claims were considered.
Timeline
-
Employment started
Claimant started as restaurant manager.
-
Restaurant opened
Jeru Restaurant opened.
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Covid closure
Restaurant closed due to Covid until 7 January 2022.
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First disclosure
Claimant reported chef's rude behaviour to manager and HR.
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Second disclosure
Claimant reported chef's behaviour and mouse droppings in bakery.
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Third disclosure
Claimant emailed HR about chef's conduct, lack of allergen chart, and other issues.
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Environmental health inspection
Restaurant received a food hygiene rating of 2 due to mouse activity and other issues.
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Disciplinary meeting
Claimant attended a meeting about performance; no formal outcome.
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Suspension
Claimant suspended for not providing adequate service to senior managers.
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Dismissal
Claimant dismissed for poor performance and friction with kitchen staff.
The legal issue
The tribunal had to decide whether the manager was dismissed or subjected to detriment because he made protected public interest disclosures about food hygiene and chef conduct, or because he raised health and safety concerns. It also had to determine whether the employer made unlawful deductions from wages for tronc (service charge) and holiday pay.
The outcome
The tribunal rejected the whistleblowing and health and safety detriment claims, finding that the manager's disclosures were not the reason for his dismissal or any detriment. The employer had already taken steps to address the mouse infestation and other issues.
The tribunal upheld the unlawful deduction from wages claim, awarding:
- £1,667 for unpaid tronc (service charge) for May 2022
- £1,534.44 for accrued but untaken holiday pay
Total compensation: £3,201.44.
Lessons & takeaways
- Employees with less than two years' service can only bring unfair dismissal claims if the reason is automatically unfair, such as whistleblowing or health and safety complaints.
- To succeed in a whistleblowing claim, the employee must show that the disclosure was the reason for the dismissal, not just that they made a disclosure.
- Employers should ensure they have clear policies on tronc distribution and holiday pay to avoid unlawful deduction claims.
- Documenting performance issues and the reasons for dismissal is crucial to defend against whistleblowing allegations.
A short-lived role with multiple disputes
This case shows the challenges faced by employees with short service who try to rely on whistleblowing protections. The restaurant manager had been in post for less than six months when he was dismissed. He had raised concerns about mouse droppings in the bakery, chef misconduct, and other hygiene issues. However, the tribunal found that the employer had already taken steps to address the pest problem and that the manager's dismissal was due to poor performance and conflict with kitchen staff, not his disclosures.
What the employer could have done differently
The employer, 11 Berkeley Street Ltd, trading as Jeru Restaurant, could have avoided the wage claims by ensuring that tronc payments and holiday pay were correctly calculated and paid. The tribunal found that the manager was entitled to his share of the service charge for May 2022 and payment for holiday not taken. Clearer communication and record-keeping on these points would have prevented the successful unlawful deduction claim.
Why this result matters
This case highlights the importance of the two-year qualifying period for unfair dismissal claims. Employees with less than two years' service can only bring claims for automatically unfair reasons, such as whistleblowing or health and safety complaints. Even then, they must prove that the disclosure was the reason for the dismissal. Here, the tribunal accepted the employer's evidence that the dismissal was for performance reasons, not the disclosures. For employers, it reinforces the need to document performance issues and ensure compliance with wage obligations.
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