Claimant v Travelodge Hotels Ltd — 2023

The claimant complained that he had been deprived of pay and holiday pay during his employment as a cleaner. He said he was owed payment for 23.3 days of holiday and for additional hours worked in December 2021. The respondent resisted the claims and argued that nothing remained outstanding.

On holiday pay, the Tribunal found that the claimant's evidence that he had never taken or been paid for holidays was not credible when compared with the payslips and rota records. Although the respondent's records were not clear enough to allow certain conclusions, the Tribunal was satisfied on the balance of probabilities that the claimant had been paid in respect of outstanding holidays and was not underpaid at termination.

On arrears of pay, the Tribunal noted concerns about the respondent's recording systems and accepted that the paper trail was unclear. However, after comparing the payslips, rota material and the claimant's evidence, the Tribunal was unable to conclude that the claimant had worked hours in December 2021 for which he had not been paid. Both claims therefore failed and were dismissed.