0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

religious discrimination and working on Sundays

11 January 2013

The EAT (Employment Appeal Tribunal) has rejected an appeal by an employee that she had been discriminated against on grounds of her religion, Christianity, in being required to work on Sundays.

Mrs Mba’s contract of employment required her to work on Sundays but she felt obliged to abstain from this. Mrs Mba failed in her claim for constructive dismissal and indirect discrimination on grounds of religion and belief in the Employment Tribunal and appealed to the EAT.

 The EAT held that the requirement by the employer for Mrs Mba to work on Sundays was objectively justified and therefore not indirect discrimination. The employer had relied on reasons including that they required an appropriate gender balance and seniority mix on each shift; fair treatment of staff and a cost-effective service in view of budgetary constraints.

 However, the EAT emphasised that the judgment was not a ‘ringing endorsement’ of an individual’s right not to work on Sunday or vice versa, and that each case must depend on its own facts.

related opinions

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Service charges – the bad news keeps coming for tenants!

A few months ago, we discussed a case where the Court of Appeal ruled that the wording of a lease precluded the tenant from arguing that certain costs should not have been included in the service charge calculation. A recent high-profile case concerns a broadly similar issue, this time in relation to the proportion of the landlord’s costs payable by a tenant.

View blog

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

View blog

Handing back an empty shell of a building did not fulfil a vacant possession break condition

Break rights have proved a fertile source of litigation over the last few years. Courts have consistently required strict compliance with the terms of those rights.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up