Highland chef awarded over £34,000 over mushy peas miscommunication

A chef at a Highland restaurant has been awarded over £34,000 after she was “constructively dismissed” following a final confrontation over mushy peas.

Elma Booth had worked as a cook at La Mirage Restaurant in Helmsdale for nearly two decades, but she became embroiled in a series of disputes with the owner, Haydar Baran.

The last straw came on May 24, 2025, when she walked out of the workplace after an argument over a miscommunication about mushy peas.

During a busy service, Mr Baran wished for regular customers to be prioritised, something that Ms Booth was not told about.

She was told by Mr Baran to stop preparing orders and focus on two regulars who had just been seated.

Ms Booth became confused after being asked for mushy peas, even though the order she was already preparing did not include them.

When Ms Booth did not provide mushy peas, Mr Baran overruled her and insisted that she provide them and deliver the order to the regular customers. Ms Booth subsequently walked out and quit.

“By overriding her decision-making without explanation in front of colleagues, Mr Baran’s actions tended to diminish her authority and standing within the kitchen operation,” stated employment Judge Robert Philips in his ruling.

“The mushy peas incident had significance not because of the subject matter itself, but because it represented a further example of intervention in an area of the claimant’s responsibility without any clear explanation being provided at the time.”

“By May 2025, the tribunal finds that the claimant had experienced a sustained pattern of communication failures affecting matters connected to her role and responsibilities.”

He ordered Mr Baran to pay Ms Booth £34,312.89 after he found she had been “constructively dismissed” following a series of management decisions and workplace disputes.

This included handling the restaurant’s alcohol licence, on which Ms Booth was not consulted despite it having previously been in her name.

She only found out once Mr Baran had put the certificate with his name on it up in the restaurant.

The judge stated: “The licence transfer was the start of a pattern whereby responsibilities previously exercised by the claimant were reduced or altered, without consultation or adequate explanation by Mr Baran.”

A second incident was brought up at the tribunal concerning a box of frozen scampi, which was found to have flies in it, when it was delivered.

Ms Booth raised environmental health concerns, but the incident was handled between Mr Baran and the supplier, with Ms Booth excluded from discussions about an issue she considered important to food safety and regulatory compliance.

In addition, the restaurant received a box of damaged mayonnaise, which Mr Baran told Ms Booth had been thrown away, but had in fact been decanted and used.

The judge stated: “The significance of the scampi and mayonnaise incidents was not that contaminated food was served to customers or that the claimant was instructed to falsify records.

“Rather, they reinforced the claimant’s concern that food safety matters affecting areas in which she had responsibility were not being adequately communicated to her.

”The complaint of constructive unfair dismissal succeeds. The respondent was in breach of the implied term of mutual trust and confidence.

“The claimant was constructively and unfairly dismissed.”

While the judge found mostly in her favour, he dismissed several allegations made by Ms Booth and reduced her compensatory award by 25% as she did not raise a formal grievance during her employment.

La Mirage Restaurant has been approached for comment.