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Christian care worker who did not want to work on Sundays loses legal fight Christian care worker who did not want to work on Sundays loses legal fight
(about 9 hours later)
A children's care home worker who said she could not work on Sundays because of her Christian beliefs has lost her legal challenge. A children's care-home worker who said she could not work on Sundays because of her Christian belief has failed to prove that her dismissal was the result of religious discrimination.
The court of appeal dismissed a claim by Celestina Mba, 59, against Merton council, although the judges acknowledged there had been legal errors in an earlier employment tribunal. Although the court of appeal rejected the claim by Celestina Mba, 59, against Merton council, its acceptance that Sunday observance was core to her faith was greeted as a significant legal advance by Christian activists.Mba, who wore a wristband declaring "Not ashamed of the Gospels" – described it as a victory.
The decision is a further setback for Christians who do not wish to work on a Sunday on the grounds that observance of a day of rest is part of their religious identity. Lord Justice Kay said: "The employment tribunal "went wrong. It ... described Mrs Mba's Sabbatarian belief as 'not a core component of the Christian faith'. It is clear ... that for some Christians, working on a Sundays is unacceptable."
Mba's lawyers said she had agreed with her employer, the London borough of Merton, that she would not work on Sundays in accordance with her Christian beliefs. "It is also clear that Mrs Mba's religious belief genuinely embraces that injunction. The real issue in this case was whether the council could show 'a proportionate means of achieving a legitimate aim' [finding employees to fill its work rotas]."
The council changed the arrangement, saying it was temporary, Mba's lawyers said, forcing her to choose between her job and her Christian identity. The other two appeal court judges on the bench, Lord Justices Elias and Vos, agreed the employment tribunals had been wrong to describe Sunday observance as not a core component of the Christian faith.
Mba, a Baptist, welcomed passages of the judgment as a significant advance for Christians. Mba, a Baptist, said she had a verbal agreement with her employer, the south London borough of Merton, that she would not work on Sundays, but a management change led to her being given Sunday shifts. The judges said her formal written contract did require her to work at weekends.
"It's a victory," she said after emerging from court. "It's an acknowledgement that observing Sunday is a core component of Christian faith. "It's a victory," she said after emerging from court. "Christians are entitled to have Sunday as a sabbath. We will pray about this now and see what God wants us to do.
"Christians are entitled to have a Sunday as a sabbath. We will pray about this now and see what God wants us to do." "They were trying to break my faith and see if I really believed in the Lord's day. Merton disrespected my Christian faith. I said to the court that the council would not treat other faiths like they treat Christians. I had offered to take unpopular shifts and work anti-socials in order to protect Sundays."
In the judgment, Lord Justice Kay said: "It is clear … that for some Christians working on a Sundays is unacceptable." Andrea Minichiello Williams, a barrister and director of the Christian Legal Centre, which supported Mba, said: "We believe if the court of appeal had been prepared to consider the facts according to the correct test, Celestina would have won. The onus should be on the employer to reasonably accommodate their employee
Terry Sanderson, president of the National Secular Society, welcomed the appeal court's rejection of the claim. "However, this judgment is a big step forward for proper treatment of Christians and is an important victory. At last the courts are beginning to demonstrate greater understanding of what it means to be a Christian. Many Christians will now be able to argue their employer must respect their rights of sabbath worship."
"This is the right decision and employers who operate seven days a week will breathe a sigh of relief. If Ms Mba had won her appeal it would have potentially brought chaos to the workplace. Terry Sanderson, president of the National Secular Society, said: "Mrs Mba winning would have potentially brought chaos to the workplace with those of all religions having their day off too. Religious requests should only be accommodated at work where it is practicable and fair to all. Employers should be able to refuse accommodation where it would impede efficiency and indeed, viability of their business or result in discrimination against other workers, for example on weekend working or holidays."
"The decision could not have been restricted to Christians and Sundays, it would have had to be extended to Muslims who might want Fridays off or Jews who might want Saturdays."
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