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. 

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

6 minute read
Are you a Residential Long Leaseholder thinking about Extending your Lease? - Wollens Solicitors Devon

Are you a Residential Long Leaseholder thinking about Extending your Lease?

Read Article
6 minute read
When to use a freezing injunction in a business dispute - Wollens Solicitors Devon

When to use a freezing injunction in a business dispute

Read Article
7 minute read
Dealing with the results of a disappointing survey - Wollens Solicitors Devon

Dealing with the results of a disappointing survey

Read Article
4 minute read
Buying a plot, parcel or paddock - Wollens Solicitors Devon

Buying a plot, parcel or paddock

Read Article
5 minute read
How can your contracts help you further your ESG objectives? - Wollens Solicitors Devon

How can your contracts help you further your ESG objectives?

Read Article
3 minute read
The True Cost of Moving Home: Looking Beyond the Purchase Price - Wollens Solicitors Devon

The True Cost of Moving Home: Looking Beyond the Purchase Price

Read Article
7 minute read
Resolving a commercial property boundary dispute - Wollens Solicitors Devon

Resolving a commercial property boundary dispute

Read Article
7 minute read
How frequently should you update your will? - Wollens Solicitors Devon

How frequently should you update your will?

Read Article