A couple who were dismissed by supermarket chain Waitrose after taking an unauthorised holiday have had their claims of racial discrimination and unfair dismissal thrown out by an employment tribunal.
Peter Hedger and Katerina Dimitrova were fired by the supermarket chain after they returned from a trip to Bulgaria, Katerina’s home country, without informing their employer, The Sun reports.
The pair later claimed they were targeted because of their “tanned skin” and alleged racial discrimination based on Katerina’s Bulgarian nationality.
However, a tribunal in Birmingham found no evidence to support their allegations and ruled that their dismissal was due to gross misconduct for unauthorised absence, not racial bias.
According to tribunal documents, the couple had initially requested leave for September 2, 2023, but their request was denied. Despite this, they travelled abroad and remained out of the country for several weeks, Metro detailed.
The tribunal heard that between September 9 and October 28, the couple contacted their branch on several occasions but failed to disclose they were in Bulgaria. It wasn’t until they returned to the UK that they admitted they had left the country.
Waitrose’s parent company, John Lewis, stated the couple were dismissed for failing to be “open and honest” about their whereabouts. An appeal officer wrote in a decision letter: “I suspect you went to Bulgaria during your authorised leave and decided to stay longer.”
Peter told the tribunal the couple had left the UK because they had nowhere to live and were struggling to find housing. However, the judge found this explanation insufficient and unrelated to the grounds for their dismissal.
Employment Judge Naeema Choudry ruled there was no basis for claims of racial discrimination or unfair dismissal. “The reason for dismissal was not due to the [couple] being in Bulgaria, but because they were believed to be absent from work for no good reason,” she said, via LBC.
She added that the pair were dismissed because they were “perceived to be on holiday when they were supposed to be at work,” not because of Katerina’s nationality or their appearance.
As a result, the tribunal struck out both their claims of unfair dismissal and racial discrimination. Judge Choudry also dismissed the claim relating to their “tanned skin” as having no reasonable prospect of success.
A spokesperson for the John Lewis Partnership declined to comment on the case, stating: “We can't comment on individual cases.”