Nursery chef wins £276 after employer deducted nursery fees without permission
A nursery chef who was dismissed after raising concerns about nursery practices failed in her whistleblowing claims but succeeded in recovering £276.49 that her employer deducted from her wages for outstanding nursery fees without her written consent.
2 min read · Last updated 19 May 2026
Case details
- #nursery-chef
- #whistleblowing
- #protected-disclosure
- #conduct-dismissal
- #unauthorised-deduction
- #childcare-fees
Key facts
- The claimant was employed as a Nursery Chef from 2 August 2021 to 15 June 2022.
- The claimant made six alleged protected disclosures about nursery practices, none of which were found to be protected.
- The claimant was dismissed for conduct after two formal complaints about her rude and aggressive behaviour.
- The respondent deducted £276.49 from the claimant's wages for outstanding nursery fees without contractual or written authorisation.
- The claimant's whistleblowing and unfair dismissal claims were dismissed, but the unauthorised deduction claim succeeded.
Timeline
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Employment started
Claimant began working as a Nursery Chef at the respondent's West Drayton setting.
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First alleged disclosure
Claimant raised concerns about a three-warning rule, which she believed could have life-threatening consequences.
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Second alleged disclosure
Claimant commented to Ruby Ayyub that she could hear two children crying but no one comforting them.
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Third alleged disclosure
Claimant raised concerns about a child crying in a cot during mealtime.
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Heated discussion about costume wings
Claimant had a heated argument with staff about her daughter's costume wings, leading to a meeting with Emma Long.
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Further heated discussion
Claimant argued with staff about her daughter's attendance at a PALS session.
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Meeting about concerns
Claimant attended a meeting with Emma Long to discuss various concerns, including the use of the word 'no'.
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Notice to move daughter's nursery
Claimant was told her daughter would need to move to a different nursery setting from 1 April 2022.
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Unauthorised deduction
Respondent deducted £276.49 from claimant's wages for outstanding nursery fees.
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Disciplinary meeting
Claimant attended a disciplinary meeting regarding her behaviour towards staff.
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Dismissal
Claimant was dismissed with notice for unacceptable behaviour; employment ended on 15 June 2022.
The legal issue
The tribunal had to decide whether the claimant had made protected disclosures about nursery practices, whether she suffered detriments or was automatically unfairly dismissed because of them, and whether the employer made an unauthorised deduction from her wages for nursery fees.
The outcome
The tribunal dismissed the claimant's whistleblowing claims, finding that none of the six alleged disclosures were protected. It also dismissed her unfair dismissal claim, concluding that she was dismissed for conduct – her rude and aggressive behaviour towards colleagues – and that the dismissal was fair.
However, the tribunal upheld her claim for unauthorised deduction from wages. The employer deducted £276.49 from her March 2022 wages for outstanding nursery fees without having a contractual right or the claimant's written agreement to do so.
The respondent was ordered to repay the full £276.49.
Lessons & takeaways
- Employers must have a clear contractual right or the employee's written consent before making deductions from wages for things like childcare fees.
- Whistleblowing claims require the employee to show they made a 'protected disclosure' – a disclosure of information that tends to show a legal obligation has been breached, made in the public interest.
- A short service of under two years means an employee cannot bring an ordinary unfair dismissal claim, but they can still bring claims for unauthorised deductions or automatic unfair dismissal if they have a protected characteristic or made a protected disclosure.
- The tribunal will look at whether the employee genuinely believed the disclosure was in the public interest, not just a personal grievance.
A small victory for the claimant, but no whistleblowing protection
This case shows how difficult it can be for employees to succeed with whistleblowing claims, especially when the disclosures are about internal policies or minor incidents that do not clearly relate to a legal obligation. The claimant, a nursery chef with only 10 months' service, raised several concerns about nursery practices – from a 'three-warning rule' to a child crying unattended – but the tribunal found none of them met the legal test for a protected disclosure.
Her dismissal for conduct was upheld as fair, because the employer had received two formal complaints about her rude and aggressive behaviour, and the disciplinary process was reasonable. The tribunal noted that the claimant had been given a chance to respond and had been warned about her conduct before the final decision.
The unauthorised deduction claim succeeded
Where the claimant did succeed was on a much more straightforward point: the employer deducted £276.49 from her wages for nursery fees without her written permission. The tribunal found that the deduction was not authorised by her contract and she had not given written consent. This is a reminder that even when an employee owes money to their employer, the employer cannot simply take it from wages without following the rules in section 13 of the Employment Rights Act 1996.
What this means for similar claims
For employees, the key lesson is that whistleblowing claims require more than just raising concerns – the disclosure must be of information that tends to show a breach of a legal obligation, and it must be made in the public interest. Personal grievances or complaints about internal policies are unlikely to qualify.
For employers, the case is a warning that deductions from wages must be handled carefully. Even if the employee owes you money, you need either a contractual right or their written agreement to make the deduction. Failing to do so can result in a successful claim, even if the employee's other claims fail.
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