Overview

• The tribunal concluded that refusing a leave request and extending an authorised trip to Bulgaria without permission amounted to gross misconduct under Waitrose’s employee handbook.
• Employment Judge Naeema Choudry struck out the couple’s race discrimination and unfair dismissal claims as having no reasonable prospects of success.
• Evidence showed the pair contacted their branch during the absence but failed to disclose they were abroad, a factor cited in upholding the dismissal.
• Waitrose maintained that unauthorised absence was clearly listed as gross misconduct and that its disciplinary process was properly followed.
• A future hearing will determine whether Katerina Dimitrova’s right to be accompanied at disciplinary and appeal meetings was breached.