Couple sued Waitrose for racism after bosses rumbled them for having tanned skin
A couple who tried to sue Waitrose have been told their claim was hopelessly vague after claiming their ‘tanned skin’ cost them their jobs.
Peter Hedger and Katerina Dimitrova accused the supermarket of race discrimination when they were fired for taking a long period of unauthorised leave.
When that was rejected, they tried to amend their case to include alleged discrimination based on sex and/or sexual orientation — but that was thrown out too.
The couple claimed that the colour of their skin and Dimitrova’s Bulgarian background were used to create a ‘degrading and humiliating’ atmosphere.
They flew to Bulgaria in late August 2023 for a short period of authorised leave. They then put in requests for early September, but they were refused.
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They are believed to have spent up to two months in Bulgaria while telling bosses they were house hunting in the UK – at no point did they mention that they were abroad.
After failing to return following their authorised leave in late August, the couple finally came back to work on October 28, by which point managers were suspicious — partly due to their tanned appearance.
Company guidelines state that unauthorised absence is gross misconduct, so they were sacked.
An appeal against their dismissal found that they had not:
- Been open and honest with their branch about the reasons for absence
- Let their managers know of the absence at the soonest opportunity
- Informed their managers that they would be in Bulgaria
Employment judge Naeema Choudry concluded: ‘It is difficult to fully understand the basis upon which the claimants are putting forward their complaints relation to nationality or national origin.
‘The fact that they were in Bulgaria was mentioned several times in the disciplinary process.
‘The fact that they were in Bulgaria was connected with Ms Dimitrova’s nationality and national origins.
‘However, the reason for dismissal was not due to them 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.’
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