What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Hedger & Dimitrova V John Lewis Plc | Wollens Solicitors Devon

A case in which the dismissed employees should be applauded for a great effort in the face of a seemingly clear-cut fair dismissal was recently considered by the Employment tribunal. In Hedger & Dimitrova v John Lewis Plc two former Waitrose employees were dismissed for taking an unauthorised holiday to Bulgaria. When the couple returned to work after a two-month unauthorised absence, managers reportedly found their extended absence suspicious because of their “tanned appearance”. The Claimants were dismissed for gross misconduct for the unauthorised absence. They sought to claim that their dismissals were discriminatory on grounds of Ms Dimitrova’s Bulgarian nationality and that they were racially harassed because of having tanned skin following their holiday.

The tribunal found that the dismissal was not because of Ms Dimitrova’s nationality but because of their lengthy unauthorised absence. The harassment claim related to tanned skin also had no connection to Ms Dimitrova’s Bulgarian nationality/national origins and was misconceived.