Couple sue supermarket for race discrimination after being sacked for coming back from unauthorised holiday with a tan
Peter Hedger and Katerina Dimitrova claim that they have been victims of racial discrimination by the store because of their 'tanned skin'.
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The couple say they were fired from the supermarket after they returned home from a holiday to Bulgaria.
A tribunal found that the pair had extended their stay in Bulgaria, Katerina's home country.
However, Katerina and Peter have alleged that they were singled out after returning home with 'tanned skin'.
A tribunal, held in Birmingham, heard that the couple did not tell Waitrose that they were abroad.
The tribunal heard: "The [couple] put in a leave request for 2 September 2023 which was refused.
"They, then, made a contact with their branch on a number of occasions between 9 September 2023 and 28 October 2023.
"On none of these occasions did they mention that they were abroad and it was only after they returned to the UK that they disclosed that they had travelled to Bulgaria towards the end of August 2023.'
The tribunal was also told that John Lewis, Waitrose's owner, said Katerina and Peter had been dismissed for gross misconduct in the form of unauthorised absence.
The department store said that an appeal officer concluded that the pair had not been 'open and honest with their branch about the reasons for absence' or even that they were going to Bulgaria.
A letter on the outcome of their appeal claimed: "I suspect you went to Bulgaria during your authorised leave and decided to stay longer."
Shopper reveals the 'best time' to hit Waitrose for yellow sticker bargains, as she bags strawberries and milk for 69p
Peter told the tribunal that the situation had come about because the pair had nowhere to live and that the couple now were struggling to find somewhere to live.
Employment Judge Naeema Choudry said that the Katerina and Peter's claims about their 'tanned skin' had no bearing on their dismissal.
Ms Naeema Choudry said: "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 and not to be house-hunting in the UK because they were abroad at the relevant time, having stayed abroad after a period of authorised annual leave.
"As such, a claim based on Ms Dimitrova's Bulgarian nationality has no reasonable prospects of success and is struck out.
"I am also satisfied that the allegation relating to 'tanned skin' has no reasonable prospects of success and should be struck out.
"It is clear that the [couple] were dismissed because they were perceived to be on holiday when they were supposed to be at work and not because they had tanned skin."
Both of their claims for unfair dismissal have also been struck out.
John Lewis have declined to comment on the situation, saying they "can't comment on individual cases".
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