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Tribunal rules in favour of employer in Sunday working case

Merton Council has triumphed in a court case against a woman claiming constructive dismissal because she was allegedly forced to work on a Sunday, despite being Christian.

 

The case, which could have had far-reaching repercussions if the tribunal had come down on the side of the employee, concluded that the care worker did not have grounds to sue her former employer. The claimant, Ms Celestina Mba, worked at Brightwell Respite Care Home for children with learning difficulties. She told her employer before starting the job that she may have some ‘difficulties’ working on Sundays. She also offered to work night shifts and on Saturdays to try to avoid doing Sunday shifts. Ms Mba said she was forced to leave after her requests to avoid Sunday shifts were ignored.

 

The tribunal, however, concluded that there were no suitable alternatives to working the Sunday shifts. A precedent had been set in February 2011, in which a ruling stated that taking Sundays off work ‘was not a core component of the Christian faith.’

 

Yvette Stanley, Merton Council’s director of children schools and families, stated “As a local authority, we have a duty to ensure our children with disabilities who need weekend care are supported by carers who are familiar with their specific needs.”

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