A Christian woman, who claimed she was forced to leave her job because she was made to work on Sundays, has lost her case against Merton Council.
An employment tribunal ruled that Celestina Mba was not constructively unfairly dismissed after she resigned from her job helping children with severe learning difficulties. The Council argued that it had a duty to ensure that children had weekend care. Miss Mba was prepared to work night-time and Saturday shifts, or accept less pay, to be able to observe Sunday as a day of rest. She told her employer that she had difficulties working on Sundays before she was employed, but did not specify they were religious.
The Employment Tribunal held that there were no viable alternatives to requiring Miss Mba to work on Sundays and therefore her claim failed. The Tribunal also agreed with the Council’s justification that they had a duty to ensure children with disabilities are supported by carers familiar with their specific needs at weekends as well as during the normal week.
This case has followed several others in showing that it is very difficult for claimants to bring successful claims for discrimination because of their religious beliefs. The Tribunal was unlikely to have come to a different decision even if Miss Mba had told her employer before she started working that the reason she had difficulties working on a Sunday was because of her religion.
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