Couple sues Waitrose after they come back from Bulgaria with “tanned skin”

Hedger and Dimitrova (“the Claimants”) brought a claim for race discrimination against Waitrose in the employment tribunal, following their immediate dismissal. The Claimants had submitted a holiday request which was denied, but despite this, they still travelled to Bulgaria and failed to inform their employer of this. They were dismissed for gross misconduct following a disciplinary procedure on their return, during which Waitrose concluded that their absence was unauthorised, and the Claimants had been dishonest. The Claimants claimed that they had not been dismissed due to unauthorised absence, but as a result of them having “tanned skin” on their return, and therefore tried to bring a claim for discrimination in respect of this. 

The tribunal ruled in favour of Waitrose, confirming it was clear that they had not been discriminated against because of their tan or their nationality, and that the dismissal was as a result of their unauthorised absence. The discrimination claims have therefore been dismissed as they have no reasonable prospects of success. 

This case highlights the importance for employers to have clear policies and procedures in place. A clear policy in respect of annual leave meant that Waitrose was able to identify that the Claimants’ absence was unauthorised, and it was also noted by the tribunal that Waitrose’s disciplinary procedure listed unauthorised absence as an example of gross misconduct, placing them in a better position to evidence that the Claimants should be summarily dismissed as a result of their actions. 

The tribunal are yet to consider Dimitrova’s claim relating to the right to be accompanied at the disciplinary hearing and the appeal hearing, meaning they are not yet free from paying compensation in relation to an ordinary unfair dismissal claim if it is found that they have not followed a fair procedure. 

Please contact our Employment team on 0330 088 2275 to ensure your policies and procedures are up to date, and for guidance on how to conduct procedures in a fair and reasonable way.