Claimant won £77,059 awarded Employment Tribunal · 15 August 2022

Live-in nanny and carer wins £77,000 after not being paid for months

A 68-year-old Indonesian live-in nanny and carer was constructively dismissed after her employer stopped paying her wages entirely. The tribunal awarded her over £77,000 for unpaid wages, holiday pay, and unfair dismissal.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • Ms Salsam worked as a live-in nanny and carer for Mr Hassan from September 2019 to 25 October 2021.
  • She was paid £300/week initially, then £350/week from January 2021, but was never paid the national minimum wage.
  • From 1 June 2021, Mr Hassan stopped paying her wages entirely, despite her repeated requests.
  • Ms Salsam resigned on 25 October 2021 due to non-payment, and the tribunal found she was constructively and unfairly dismissed.
  • She was not provided with a written statement of employment particulars or paid holiday throughout her employment.
  • The tribunal awarded her a total of £77,058.58 in compensation for unpaid wages, holiday pay, and unfair dismissal.

Timeline

  1. Employment started

    Ms Salsam began working as a live-in nanny and carer for Mr Hassan's family, caring for twins and his disabled father.

  2. Family holiday without claimant

    Mr Hassan went on holiday to Pakistan with his wife and children, leaving Ms Salsam to care for his father.

  3. Pay increase

    Ms Salsam's weekly pay increased from £300 to £350.

  4. Wage payments stopped

    Mr Hassan stopped paying Ms Salsam any wages, promising to pay once he sold his house.

  5. Partial payment

    Ms Salsam received £700 from Mr Hassan's mother to cover some arrears.

  6. Resignation

    Ms Salsam resigned after not being paid for nearly 5 months, as she no longer believed she would be paid.

  7. Claim presented

    Ms Salsam submitted her claim to the employment tribunal.

  8. Hearing

    The tribunal hearing took place at London Central Employment Tribunal.

  9. Judgment issued

    Employment Judge Lewis issued a reserved judgment in favor of Ms Salsam.

The outcome

The tribunal ruled in favour of the nanny on all claims.

Key reasons:

  • The employer stopped paying wages from 1 June 2021, breaching the contract fundamentally.
  • The nanny was paid below the national minimum wage throughout her employment.
  • She was not given a written statement of employment particulars or paid holiday.

Compensation breakdown:

  • Basic award for unfair dismissal: £1,632
  • Compensatory award (grossed up): £16,409.28
  • Unpaid wages from June to October 2021: £12,885.60
  • National minimum wage arrears: £41,374.17
  • Holiday pay: £5,101.53 (including accrued from previous years)
  • Failure to provide written particulars: £1,088
  • Total: £77,058.58

Lessons & takeaways

  • Live-in carers and nannies are entitled to the national minimum wage unless a genuine family worker exemption applies – simply living in does not waive this right.
  • Stopping an employee's wages entirely is a fundamental breach of contract that can justify a constructive dismissal claim.
  • Employers must provide a written statement of employment particulars within two months of the start date, or face compensation of two to four weeks' pay.
  • Holiday pay accrues from day one, even for casual or live-in staff, and must be paid on termination if not taken.
  • Ignoring tribunal proceedings does not make the claim go away – the tribunal can proceed and award substantial sums in the employer's absence.

A case of unpaid care

This case highlights the vulnerability of migrant domestic workers who often work long hours for low pay, unaware of their legal rights. The claimant, a 68-year-old Indonesian woman with limited English, worked as a live-in nanny and carer for Jonaid Hassan Shahid from September 2019. She cared for twins and his disabled father, initially receiving £300 per week – well below the national minimum wage. From June 2021, her wages stopped altogether, despite her repeated requests. She resigned in October 2021 when it became clear she would not be paid.

What the employer could have done differently

The employer, Mr Hassan, did not engage with the tribunal process until the night before the hearing, when he requested a postponement citing family stress. The tribunal rejected this, noting he had been aware of the hearing date for weeks. Had he responded earlier, he could have argued that the claimant was a 'family worker' exempt from minimum wage rules – but the tribunal found no evidence of a genuine family relationship. Paying at least the minimum wage, providing a written contract, and maintaining regular pay would have avoided the claim entirely.

Why this matters

The award of over £77,000 reflects the cumulative effect of multiple breaches: years of underpayment, months of unpaid work, and failure to provide holiday pay or written particulars. The case serves as a warning to employers of domestic staff that employment law protections apply regardless of the worker's immigration status or language skills. It also shows that tribunals will act decisively when employers ignore proceedings, awarding substantial sums based on the claimant's evidence alone.

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