Christian care worker goes to appeal court over right not to work on Sundays

http://www.theguardian.com/world/2013/oct/23/christian-worker-court-right-not-work-sundays

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A Christian children's worker has mounted a test case at the court of appeal for the right not to work on a Sunday.

Celestina Mba, 38, said she was forced from her job at a children's home in south-west London after it refused to allow her to observe the sabbath as a day of rest.

In a case expected to have far-reaching consequences for faith in the workplace, three of Britain's most senior judges will decide whether employers have a duty to provide a "reasonable accommodation" for the beliefs of Christian workers.

Employment lawyers believe that a ruling in Mba's favour could pave the way for followers of other religions to not work on their holy day.

Speaking outside the court of appeal on Wednesday, Mba said: "I'm here hoping to have my individual right to worship. It's a relationship between me and God and no one can determine what that is between us.

"I think people have forgotten common sense and how to accommodate people. This shouldn't be happening. A reasonable accommodation of people's beliefs would make life so much easier."

Mba has become a cause célèbre for campaigners who believe that the courts have refused to protect "core components of Christian practice" in the workplace, while granting protection to other faiths.

Andrea Minichiello Williams, a barrister whose group, the Christian Legal Centre, is supporting Mba, said: "Celestina's case continues a trend where we are seeing secular courts ruling on core components of Christian practice.

"However, the courts have acted to protect the Kara bracelet, Afro 'cornrow haircuts', the wearing of the hijab and a Muslim's right to fast, but have refused to grant protection to the cross or the Christian Sunday.

"Celestina's offer to work for less and work unpopular shifts, even when others had offered to work in her place on Sundays, was clearly a reasonable accommodation that her employer could, and should, have provided."

Mba said she was forced to resign from her job at Brightwell children's home in Merton when the council declined her request to observe the sabbath as a day of rest.

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.

Mba wants to use the judgment to overturn an earlier employment appeal tribunal ruling which decided that Merton council was justified in refusing to permit Sundays off.

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