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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.
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
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Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
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