Restaurant worker sued boss for £16,000 for not letting her finish on time

Ms Athif had expressed her concerns to her boss multiple times (Picture: Getty)

A restaurant worker has been awarded £16,000 after her male boss ignored her request not to work late – because she was afraid of walking home alone.

Fathimath Athif argued that she should have been allowed to finish her shift at 11pm, as agreed because she felt ‘unsafe’ on the streets of east London.

Ms Athif represented herself in court and even produced data that showed women were more scared than men being out on their own in the dark.

A judge ruled that she had been put at a ‘disadvantage’ and discriminated against.

Ms Athif – who was also violently attacked by her boss after complaining about her hours – won more than £15,000 in compensation, after just four days of work.

She began work as a kitchen porter for E17 Spice restaurant in Walthamstow, east London, in June 2021.

She had agreed to work from 5pm to 11pm (Picture: Getty)

Boss Mohamed Lallmohamud, who Ms Athif had previously been in a relationship with, agreed she would work between 5pm to 11pm.

Her job included some food preparation, washing pots, pans, and other kitchen equipment, and sweeping the floor.

The tribunal heard: ‘At the end of that first shift on June 14, Mr Lallmohamud asked her how she felt about the job, and she stated that the job was unlikely to be for her as the workload was too much.

‘She told him that she would have to walk to the bus stop at the end of her shift and that after midnight the road to her house when she gets off the bus is quiet and deserted.

‘She told him that she felt that it was unsafe for her as a woman on her own. She had not been physically assaulted by people on the street, but she told him that it was common for the drunk men or drug users on the street to harass her with sexual comments, which made her feel unsafe.’

Mr Lallmohamud told Ms Athif he could not close the restaurant earlier than 11:20pm most nights because customers stayed in later, and more cleaning needed to be done after they left.

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The tribunal also heard how Ms Athif came to work about 30 minutes on two occasions, hoping it would allow her to leave on time.

After a third shift, Ms Athif asked to leave at 11.20pm again but was told to ‘spare a thought’ for Mr Llamohamud and his mother, who worked longer.

When she reminded him another time she needed to leave on time, he yelled at her and allegedly held her by the neck against a wall, then pushed her to the floor and kicked her.

Ms Athif left the job and filed an indirect sex discrimination and sex harassment claim – and judge Julia Jones said she provided evidence proving she was vulnerable leaving her shifts later.

Jusdge Jones said: ‘She showed evidence that she believed that she was more vulnerable to being harassed by drunk men and men under the influence of drugs, when walking home late at night.’

‘She was put at a disadvantage as she would have felt unsafe while she walked home after her shift, which would have caused her stress and anxiety.’

Making Ms Athif work past 11pm was not necessary to maintain a profitable business, the tribunal was told, and they could have offered her a taxi or gotten a man to work late if needed.

The tribunal said Ms Athif had been treated in a ‘hostile, intimidatory and violent manner’ by Mr Lallmohamud when he attacked her.

The judge awarded Ms Athif £16,465.54 in damages, and £10,000 for injury to feelings.

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A judge ruled that she had been put at a ‘disadvantage’ and discriminated against.