EXCLUSIVE Couple sue Waitrose for race discrimination after they were sacked when they came back from an unauthorised holiday with a tan
Peter Hedger and Katerina Dimitrova were sacked from the supermarket for going on an unauthorised trip abroad, an employment tribunal heard.
They sued the upmarket retail giant, claiming that they were discriminated against because of their 'tanned skin'.
However, the tribunal found that they were sacked for going on holiday to Miss Dimitrova's home country of Bulgaria, and extending their stay without permission.
The tribunal, held virtually in Birmingham, heard that the couple worked at Waitrose, which is owned by John Lewis.
It was told: '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 told the retailer's position was that the couple 'had been dismissed for gross misconduct namely, unauthorised absence'.
It added: 'On appeal the appeal officer had concluded that the evidence showed that the (couple) had not been open and honest with their branch about the reasons for absence, had not let their managers know of the absence at the soonest opportunity and had not informed their managers that they would be in Bulgaria.
'Unauthorised absence was listed as an example of gross misconduct (in John Lewis)'s handbook.'
It appeared that the couple had claimed to be house hunting in the UK, when in fact they had extended their stay in Bulgaria.
A letter on the outcome of their appeal said: 'I suspect you went to Bulgaria during your authorised leave and decided to stay longer.'
Mr Hedger told the tribunal that the situation had come about because neither he nor Miss Dimitrova had anywhere to live.
He added that 'neither he nor Ms Dimitrova had worked since their dismissal as it was difficult for them to get work on the same shift, their financial means were not good and they had no income'.
Employment Judge 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.'
Their claims for discrimination and harassment on the grounds of race were struck out because 'they have no reasonable prospect of success'.
Both of their claims for unfair dismissal have also been struck out.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
20 minutes ago
- The Independent
Epstein sign placed on Trump golf course before president's trip
A sign that reads "twinned with Epstein Island" has been placed at US President Donald Trump 's golf course in Aberdeen. The political campaign group Everyone Hates Elon shared a video of the sign's installation on Monday ahead of Mr Trump's visit to Scotland. The action comes amidst ongoing backlash concerning the Trump administration's handling of the case against Jeffrey Epstein, a child sex offender. Earlier in July, a poster featuring Mr Trump and the disgraced financier was displayed near the US Embassy in London. Watch the video in full above.
The Independent
20 minutes ago
- The Independent
Minister insists fuel supplies not under threat despite oil refinery closure
An energy minister has insisted fuel supplies will not be under threat after no buyer was found for one of Britain's largest oil refineries. State Oil – the parent company of Prax Group, which owns the Lindsey refinery in North Lincolnshire – collapsed into administration last month, putting hundreds of jobs at risk. Michael Shanks pledged to support the workers who are facing redundancy, but said there is little action the Government can take to improve the statutory redundancy offer. Speaking in the Commons, he said: 'We have worked urgently to ensure the safety of the refinery site, the security of fuel supplies and to protect workers. 'This has also allowed time for bidders to express an interest in the site. 'Following a thorough process, the official receiver has rigorously assessed all the bids received and concluded that sale of the business as a whole is not a credible option.' He added: 'A package has been offered to all those directly employed at the refinery, which guarantees their jobs and pay over the coming months. 'And alongside the usual support that is offered to workforces in insolvency situations, the Government will also immediately fund a comprehensive training guarantee for those refinery workers to ensure they have the skills needed and the support to find jobs, for example, in the growing clean energy workforce.' The Lindsey site is one of only five large oil refineries remaining in the UK after the recent closure of the Grangemouth plant in Scotland. Prax Group is led by majority owner and chairman and chief executive Sanjeev Kumar Soosaipillai, who bought the Lindsey oil refinery from French firm Total in 2021. Shadow energy minister Andrew Bowie, who tabled the urgent question, claimed 625 jobs are at risk as he pressed the minister for an update on its investigation into the collapse of the company. He also asked: 'What, if any, assessment has been made into the UK's resilience given the steep reduction in our refining capacity over the past six months? 'What, if any, assessment has been made on the increased reliance on imports that will be necessary as a result of the reduction in British refining capacity?' Mr Shanks said fuel supplies had 'adjusted' in the past few weeks, adding: 'Our assessment suggests there isn't an immediate risk to fuel supplies locally or in the wider area, but we'll continue to monitor that.' On the investigation, he said: 'There is not much I can update the House on at the moment, because the insolvency service is carrying out that investigation.' Conservative MP Martin Vickers, whose Brigg and Immingham constituency includes the oil refinery, said he wanted to see 'the maximum support given to those workers'. Mr Shanks replied: 'We have looked and pushed and pushed to see if there is more action Government can take to change or to give any additional payments. 'It's not possible for Government to do that, not least because the insolvency service has to follow very specific rules in terms of creditors and what their parameters are to operate in the event of an insolvency. 'But I do think the owners of this company have profited from this business, and they should do the right thing by the workforce that delivered that for them.'
The Independent
20 minutes ago
- The Independent
How to boost your pension pot now if you have no savings at all
Warnings that millions of people are heading for a retirement crisis due to a shortfall in pension savings are nothing new, but a new government review aims to tackle the issue to prevent a 'tsunami of pensioner poverty'. It's estimated that a single person will need more than £14,000 for every year of retirement, while a couple will need £22,000 to maintain a minimum level of lifestyle. It sounds a lot, but it is achievable without the need to immediately start stuffing thousands of pounds a month into an account. But how do you get there if you haven't already started saving? Check employer contributions If you're already in work, the first thing you should do is check if your employer pays the minimum three per cent of your salary or higher – some may well offer to match your own contributions, but this might only happen if you opt to pay more. For example, if you're paying in five per cent, your employer could raise their contributions by an additional two per cent, and it won't cost you anything extra or remove anything from your pay packet. Do remember to ask if it means you change pension plan, provider or anything else though, to make sure it suits your needs. Focus on building an emergency savings buffer Next, it's time to get that money in place so you don't need to worry about unexpected bills or costs. Experts say you should ideally have between three and six months' worth of expenses in an easy-access account paying a good level of interest, to cope with things such as the loss of a job, higher-than-expected living expenses or a major outlay for repairs or purchases. Again, if you're just starting out, it's important to forget the eventual size of the pension pot and focus on the first steps. If you are starting with nothing, open a new savings account and start to pay money in weekly or monthly, whichever helps you stay on track best. The consistency of seeing it grow will help you get used to building a savings buffer, and it doesn't matter if that begins with £5, £20 or whatever else you can initially afford. Cut expenses if you need to; one pint of beer fewer a week is about £6-8 (depending where you live), which could add to your savings, and one unused subscription cancelled is a monthly boost of even more than that. Regularity and time will see you hit your goals. And, if you are really in need of a quick boost to your savings, you can consider changing banks. Several will offer over £150 in cash or bring other perks to your account if you switch your current account. Check here for details, and always ensure you choose a bank or building society right for your needs, not just which offers the most immediate funds. Pensions contributions are no different The same process can see you boost your pension pot once you've got a chunk of savings you're happy with – plus, if you're putting money into a personal pension, you'll get tax relief too. For example, if you're a basic rate taxpayer and you put £80 into a pension pot, the government will add £20. Again, it seems small, but do that monthly over a 40-year work career and it's an extra £9,600 being put to work for your future. 'Putting your money away in a pension is a good place to start, rather than a standard savings or investing account. You get the perk of government tax relief on the money and this will significantly boost your pot over time, particularly as you benefit from investment returns on your own money,' said Laura Suter, director of personal finance at AJ Bell. 'The money will be locked up until your pension age, which is currently 57. It means that you can't dip into the cash if you needed it in the short term, so you need to bear that in mind, but it also means that you can't be tempted to dip into it before retirement. Even small contributions each month can add up. Putting away £100 a month, which then gets topped up to £125 a month after tax relief, would be worth almost £52,000 after 20 years, assuming 5 per cent investment growth a year after charges.' What if you earn more but have no pension? Pension concerns are far from limited to those with low earnings. There are plenty of reports, for example, of NHS staff – who would typically get a large employer contribution – opting out of that pension plan to receive a larger immediate salary because the cost of living is so high. If so, trying to take advantage before any possible rule changes might be wise. If you're a higher- or additional-rate taxpayer – with income over £50,270 this tax year – then making use of the extra tax relief can provide a huge boost to your retirement pot. There, instead of the aforementioned 20 per cent relief, you can get 40 or 45 per cent (whichever tax band you are in). The government will contribute at the basic tax rate, as your pension provider will claim it for you, and then you are able to claim the additional amounts by noting your pension contribution when you complete a self-assessment form for the tax year. It has been suggested that such relief may change in future, which makes it important to utilise existing allowances, says Reme Holland, a financial planning partner at accountancy firm Albert Goodman. 'My top advice would be to act now while we know the available allowances and reliefs,' he said. 'For an additional rate taxpayer, you can receive 45 per cent tax relief on your pension contributions, there is the ability to use the last three years of unused allowances via a mechanism known as carry forward. If a flat rate of tax relief is introduced, that could make it far more expensive to fund pension contributions in the future.'
