Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Office Number 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

A Day of Rest?

29th February, 2012

A devout Christian woman who claimed that she was forced to leave her job because she was made to work on Sundays has been told by an employment tribunal that she had no legal right to take Sundays off.

Celestina Mba, who worked at Brightwell Respite Care House for Merton Council helping children with severe learning difficulties, claimed constructive unfair dismissal when she was made to work Sundays. The Council stated that it had a duty to ensure children had weekend care and therefore Miss Mba was required to work Sundays.

An employment tribunal held that Miss Mba was not constructively unfairly dismissed and ruled that there was a contractual obligation to work Sundays. The tribunal stated that keeping Sunday as a day of rest was not a core component of Christianity.

Miss Mba claimed that her manager promised to work around her requirement to take Sundays off but it was held by the tribunal that there had been a misunderstanding and there was no such express agreement.

It was also claimed by Miss Mba that a Muslim colleague had been given time off for Friday prayers. This was denied by the Council. The tribunal found there was no evidence that Muslim colleagues had been treated more favourably than Miss Mba.

This case is the most recent in a string of cases involving religion within employment and this is still a developing area of employment law.

If you have any queries with regards to dealing with employees who have preferences to days or times that they like to work, please contact Catherine Kerr in the Employment team.

You might also be interested in...

Opening up the Market in the United Arab Emirates

10th September, 2018

This is the first in a series of  6 articles with regards to establishing a business in the... Read More »

What to do if you receive a statutory demand…

9th August, 2018

We have been approached by a number of clients who have received a statutory demand, either personally or to their company, and they have asked us what to do about it. One business was contacted by a company demanding payment of a debt owed under a contract for TV advertising in a shopping mall.  We presume – but... Read More »

Farming solicitor Ben Brassington joins top law firm in Shrewsbury

3rd August, 2018

Agriculture and Estates specialist Ben Brassington has strengthened the services offered by Top 200 legal firm Aaron & Partners LLP A dairy farmer with more than 18 years’ experience as a Partner in his family’s farming business has been appointed by a top legal firm in Shrewsbury. Ben Brassington, who has also been working for several years as... Read More »

Contact Us