Ms Fernanda Keller v Ms Ruby Audi — 2023

The respondent did not file a response, so the tribunal determined the case under rule 21 on the material available and the further information provided by the claimant. The claimant said she had been employed for two weeks to provide cover for the respondent's nanny, Valéria, and that she should receive two weeks' pay and expenses. The tribunal accepted that the agreement was evidenced by WhatsApp messages and that the claimant had worked for three days at an agreed rate of £540 gross per week.

The tribunal rejected the claimant's contention that she was entitled to two weeks' pay. The WhatsApp messages showed that after three days she said she was not coming in the next day because she did not feel capable of looking after three children in the way requested, and the tribunal treated this as a resignation. It therefore awarded pay only for the three days worked, calculated pro rata at £324, which it described as an unlawful deduction from wages.

The tribunal also dealt with the claimant's expenses. It held that those expenses were not recoverable as an unlawful deduction from wages, but they were recoverable as damages for breach of contract because the agreement was contractual and the payment was either outstanding or arose on termination. It awarded the full expenses claimed, £31.91, as breach of contract damages. The total award was £355.91.