A couple who were dismissed by Waitrose after taking an unauthorised trip abroad claimed they were discriminated against because they returned to work with “tanned skin”. But a tribunal has rejected their argument, finding they were sacked for gross misconduct due to their absence.
Paul Hedger and Kalina Dimitrova, who were employed at the Aylesbury branch of the upmarket retailer, took legal action against parent company John Lewis Partnership for race discrimination, harassment and unfair dismissal after travelling to Bulgaria despite having had their leave request denied.
The pair were sacked in November 2023 following a disciplinary process that concluded they had taken an unauthorised holiday and then misled managers about their whereabouts during a near two-month absence. At a tribunal, they alleged that their dismissal was linked to their Bulgarian nationality and skin colour.
However, the Employment Tribunal found there was no evidence their race or skin colour had played any part in the decision. Their claims were struck out in a preliminary hearing after the judge concluded they had no reasonable prospect of success.
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