Night shift worker wins race discrimination claim after swearing complaint ignored
A Travelodge night shift worker of Asian Pakistani ethnicity was awarded £5,705 after the tribunal found the hotel chain failed to investigate his complaint about being sworn at by a manager, amounting to race discrimination.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant, of Asian Pakistani ethnicity, worked night shifts for Travelodge from March 2016.
- On 2 August 2021, manager Stuart Courts swore at the claimant, telling him to 'fuck off'.
- The claimant complained to district manager Huw Huckridge, who promised to investigate but did not.
- The claimant was suspended and faced disciplinary proceedings for allegedly failing to conduct fire walks.
- The claimant resigned on 14 December 2021, one day before a scheduled disciplinary hearing.
- The tribunal found the failure to investigate the swearing incident was race discrimination.
Timeline
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Employment started
Claimant commenced employment with Travelodge Hotels Limited.
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Worked at Bath Central hotel
Claimant worked at Bath Central hotel until 9 August 2017; agreed travel pay was not recorded or paid.
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Promoted to Assistant Manager
Claimant started as Assistant Manager at Avonmouth hotel; training was delayed due to understaffing.
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Return-to-work meeting
Manager Irina Kitley held a fraught meeting with claimant; she alluded to him possibly not working at Avonmouth.
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Swearing incident
Manager Stuart Courts swore at claimant, telling him to 'fuck off' after an interruption.
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Fire walk concerns raised
Manager Kitley noticed claimant had not signed fire walk logs; CCTV review suggested he had not done the walks.
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Kitchen incident
Manager Tina Hartrey told claimant to 'get out' of the kitchen in frustration.
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Suspension
Claimant was suspended on paternity leave pending investigation into fire walk and other allegations.
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Claim presented
Claimant presented Employment Tribunal claim.
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Resignation
Claimant resigned with immediate effect, one day before scheduled disciplinary hearing.
The legal issue
The tribunal had to decide whether Travelodge discriminated against the claimant because of his race by failing to investigate his complaint about being sworn at by a manager, and whether he was constructively unfairly dismissed.
The outcome
The tribunal partially upheld the claimant's case. It found that Travelodge failed to investigate the swearing incident, which amounted to race discrimination. However, the claim for constructive unfair dismissal was dismissed because the claimant resigned before the disciplinary hearing, and the tribunal found that the employer's actions did not amount to a fundamental breach of contract.
Compensation awarded:
- Injury to feelings: £5,000
- Interest: £705.75
- Total: £5,705.75
Lessons & takeaways
- Employers must take all complaints of harassment seriously and investigate them promptly, regardless of the employee's background.
- A failure to investigate a complaint can itself be an act of discrimination if it is linked to a protected characteristic.
- Resigning before a disciplinary hearing can weaken a constructive dismissal claim, as the employee must show the employer's conduct was a fundamental breach of contract.
What this case shows
This case highlights how an employer's failure to investigate a complaint can lead to a finding of race discrimination, even when other claims fail. The claimant, a night shift worker of Asian Pakistani ethnicity, was sworn at by a manager in August 2021. He reported the incident to a district manager, who promised to investigate but never did. The tribunal found that this failure was because of the claimant's race, as the employer had not treated similar complaints from white employees in the same way.
What the employer could have done differently
Travelodge could have avoided this outcome by simply investigating the complaint. The district manager should have followed up, taken statements, and communicated the outcome to the claimant. Instead, the claimant was left feeling ignored and undervalued, which contributed to his decision to resign. The tribunal also noted that the claimant faced disciplinary proceedings for alleged fire safety breaches, but the failure to investigate the swearing incident was a separate and distinct act of discrimination.
Why this matters
This case is a reminder that discrimination claims can arise from inaction as well as action. Employers must ensure that all complaints are dealt with fairly and consistently, regardless of the employee's race or ethnicity. For employees, it shows that even if a constructive dismissal claim fails, a discrimination claim may still succeed if the employer's conduct is linked to a protected characteristic. The award of £5,000 for injury to feelings reflects the distress caused by the employer's failure to take the complaint seriously.
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