Ajayi v Abu & Anor (Rev 1)

Ajayi v Abu & Anor (Rev 1)

The claimant was a victim of trafficking and subjected to harassment by the defendants. The defendants failed to pay the national minimum wage, deliberately concealed relevant facts, and breached their contractual and statutory duties. The claimant is entitled to damages for injury to feelings, psychiatric injury, and compensation under the National Minimum Wage Act.

Parties
Claimant: Mrs Rashida Abeje Ajayi; First Defendant: Mr Joel Udukhokhe Abu; Second Defendant: Mrs Teresa Mojisola Abu
Jurisdiction
England and Wales
Judgment Date
01 December 2017
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Human Trafficking, National Minimum Wage, Breach of Contract, Harassment, Limitation of Actions, Personal Injury
Employment Law Human Rights Law Contract Law Tort Law Human Trafficking National Minimum Wage Breach of Contract Harassment +2 more

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Parties

Mrs Rashida Abeje Ajayi

Claimant

Mr Joel Udukhokhe Abu

First Defendant

Mrs Teresa Mojisola Abu

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant was a victim of trafficking within the meaning of the Trafficking Convention
  2. 2 Whether the claimant was entitled to the national minimum wage and if so, the quantum
  3. 3 Whether the defendants' conduct amounted to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The claimant was a victim of trafficking and subjected to harassment by the defendants. The defendants failed to pay the national minimum wage, deliberately concealed relevant facts, and breached their contractual and statutory duties. The claimant is entitled to damages for injury to feelings, psychiatric injury, and compensation under the National Minimum Wage Act.

Court Disposition

Judgment for the claimant

Orders

  • General damages of £39,000 for injury to feelings and psychiatric injury
  • Special damages of £3,500 for cognitive behavioural therapy