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Christian care worker loses legal challenge on Sunday working

The Court of Appeal has dismissed the appeal of a Christian children’s care worker against the decision of the Employment Appeal Tribunal (EAT) that a requirement that she work on Sundays indirectly discriminated against her on the grounds of religion or belief.

The challenge was taken by Celestina Mba. Mba's employer, Merton council, is said to have refused to rule out rostering her to work some Sundays at the 24-hour children's home, despite Mba's offer to work night shifts and for less money instead.

The Employment Tribunal held that the Council’s requirement for staff to engage in Sunday working was a proportionate means of achieving a legitimate aim, which was round the clock care of children.

Although she was able to prove there had been errors of law in the decision making process up to this point, the Court of Appeal held the errors of law did not materially affect the conclusions reached.

For more discussion on the case, please see here and here.

Religious Law