Cases1403379/2024

Claimant v Tech and Boujee Limited

15 May 2025Before Employment Judge J BaxBristolremote video

Outcome

Claimant succeeds

Individual claims

Unlawful Deduction from Wagessucceeded

Both claimants were not paid their contractual salary of 1,041,666.67 Nigerian Naira for March 2024. The respondent acknowledged the debt and there was no contractual or statutory provision permitting the non-payment. The tribunal found the claims well founded under s.13 Employment Rights Act 1996.

Facts

Two employees, Ms Herbert and Ms Orimolade, started work for Tech and Boujee Limited on 1 March 2024 as Operations Manager and Social Media and Community Manager respectively, on annual salaries of 12,500,000 Nigerian Naira. The respondent failed to pay their salaries for March 2024 due to the director's illness and lack of funds. The respondent acknowledged the debt but did not attend the hearing, instead providing a written statement.

Decision

The tribunal found both claims for unlawful deduction from wages well founded. Each claimant was entitled to one month's salary of 1,041,666.67 Nigerian Naira gross. The tribunal ordered payment in Nigerian Naira as specified in the contracts, rejecting conversion to Sterling.

Practical note

Employment tribunals can and will make awards in foreign currencies where that is the contractual currency of payment, and simple non-payment of wages without contractual or statutory justification constitutes unlawful deduction under s.13 ERA 1996.

Legal authorities cited

Statutes

Employment Rights Act 1996 s.13

Case details

Case number
1403379/2024
Decision date
15 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
No

Employment details

Role
Operations Manager / Social Media and Community Manager
Service
1 months

Claimant representation

Represented
No