London borough defends constructive dismissal claim over Sunday working

The London Borough of Merton has successfully defended a claim of constructive dismissal brought by a Christian employee who refused to work on a Sunday.

However, lawyers for Celestine Mba immediately said they would consider an appeal over the tribunal ruling.

Ms Mba worked for nearly three years at a respite home for children with disabilities in Morden before resigning in 2010.

She told the council she was prepared to work nights and Saturdays so that she did not have to work on Sundays.

But the tribunal ruled that there were no viable alternatives to requiring her to work on Sundays.

Andrea Williams, CEO of the Christian Legal Centre, said: “We are extremely disappointed by this decision and we will consider appealing. Celestina was let down by her employers, who failed to continue to accommodate her beliefs.

“She was an employee who wished to not work on a Sunday. Her employers forced her to choose between her job and her faith. This was unacceptable, and we are disappointed that the Judge did not agree.”

Ms Mba said: “It is impossible to speak with me and not know of my commitment to Jesus and that I will not work on the Sabbath day, yet the Tribunal found that my employers were not aware of this fact. They also held that repeated instructions by Merton Council to work on Sundays in violation of my faith was not a violation of my rights.

“I am amazed by this decision. I thought that this country was a Christian country and was known for its welcome and hospitality to all people. I worked hard for years at my job, and to lose it because of intolerance towards my faith is shocking to me.”

Merton Council director of children schools and families, Yvette Stanley, said: “We are pleased with the outcome of the tribunal. 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."