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

3 minute read
Buying a new build home: how it differs from a standard purchase - Wollens Solicitors Devon

Buying a new build home: how it differs from a standard purchase

Read Article
2 minute read
What does exchange of contracts mean? - Wollens Solicitors Devon

What does exchange of contracts mean?

Read Article
2 minute read
Jess’s Rule and Clinical Negligence - Wollens Solicitors Devon

Jess’s Rule and Clinical Negligence

Read Article
5 minute read
Break clause bear traps: how businesses accidentally lose lease exit rights - Wollens Solicitors Devon

Break clause bear traps: how businesses accidentally lose lease exit rights

Read Article
3 minute read
Pre-contract searches: what are they and why do they matter? - Wollens Solicitors Devon

Pre-contract searches: what are they and why do they matter?

Read Article
4 minute read
AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice - Wollens Solicitors Devon

AI and Family Law: A Useful Tool, But Not a Substitute for Expert Advice

Read Article
3 minute read
Preparation Remains the Key to a Successful Move - Wollens Solicitors Devon

Preparation Remains the Key to a Successful Move

Read Article
3 minute read
10 Things to Remember When Selling Your House - Wollens Solicitors Devon

10 Things to Remember When Selling Your House

Read Article