A recent Court of Appeal decision has shed light on the issue of working on Sundays and how this affects the employment relationship with staff who have Christian beliefs.
In Mba v London Borough of Merton, the employee had worked as a care assistant in a children’s home. As a Christian, she believed that it was wrong to work on Sundays and failed to report for duty when she was placed on the shift pattern for a Sunday. As a result, she was disciplined. The employee resigned and raised a claim of discrimination on the grounds of religion.
The claim was dismissed at the employment tribunal stage as it was deemed that the employee’s belief about Sunday working was not a ‘core component’ of the Christian faith. However, the Court of Appeal disagreed with this approach. It stated that it was sufficient that the employee had a belief that was shared by a number of other Christians. In fact, the Court indicated that it was incorrect under current legislation to consider whether the belief was shared or not; what mattered was that the employee’s belief was sincere.
Unfortunately for the employee, the outcome remained the same. The Court had to decide if the employer’s requirement to work on Sundays was reasonable and proportionate. Because of the nature of the organisation, the Court held that it was proportionate and the employee’s claim was again dismissed.
