By: Kimberly Rodrigues
Fathimath Athif, who worked late-night shifts at Spice E17, an unlicensed takeaway restaurant in east London, has won a discrimination case against her male boss.
Despite having worked only four shifts, she was awarded over £15,000, The Times reported.
During the employment tribunal, Athif asserted that she should have been allowed to end her shift at 11 pm, as initially agreed upon, due to feeling unsafe walking alone on the streets.
Representing herself, she presented statistics highlighting women’s increased fear compared to men when being out alone in the dark.
The judge acknowledged the unequal impact on genders regarding late work hours, stating that Athif had been disadvantaged and discriminated against by being compelled to work beyond her agreed-upon hours.
Additionally, Athif claimed to have been assaulted by her boss after raising concerns about her working hours. As a result of the tribunal ruling, she has been granted more than £15,000 in compensation.
During the hearing in east London, details emerged that the woman had begun employment as a kitchen porter for the business in Walthamstow in 2021.
The woman also had a prior relationship with the takeaway boss, Mohamed Lallmohamud, the hearing was told.
An arrangement had been made for Athif to work from 5 pm to 11 pm, involving tasks such as food preparation, washing up, and cleaning the floor.
The tribunal’s report highlighted that after Athif’s first shift, she informed Lallmohamud about her concern regarding walking to the bus stop, particularly due to the quiet streets near her house after midnight.
The tribunal’s judgment noted that while Athif had not experienced physical assaults from people on the street, she expressed feeling unsafe due to encountering drunk men or drug users making sexual remarks, contributing to her sense of insecurity.
The tribunal revealed that although the agreement stipulated Athif would end her shifts by 11 pm, the takeaway typically remained open until at least 11.20 pm.
There was an instance where Athif informed Lallmohamud about her need to leave on time, to which he responded that she couldn’t leave until finishing her tasks.
An argument ensued, during which Lallmohamud reportedly shouted, “Get the hell out of my shop.” Athif recounted that as she attempted to leave, the boss seized her by the neck, pinning her against a wall, and demanded to know if she intended to return to work.
The tribunal ruled that Athif had faced a “hostile, intimidatory, and violent” situation. It further stated that she felt “intimidated, harassed, and degraded” by her treatment.
As a result, the tribunal awarded her a total of £16,465.54 in damages, including £10,000 for injury to feelings.
