The claimant had taken a job as a care worker. She said that she had been re-assured when she took the position that she would not be required to work on Sundays which would have conflicted with the fundamentals of her Christian beliefs. This happened at first, but a change in management led to her being requested to work on Sundays. She now appealed against rejection of her claim of discrimination.
Held: The appeal failed. The employment tribunals had been wrong to recognise that a sabbatarian belief may be fundamental for a Christian, but the real issue in the case was whether the change was a proportionate way for the respondent to fulfil its entirely legitimate need to have workers on Sundays. It was, and the appeal failed.
Kay, Elias, Vos LJJ
[2013] EWCA Civ 1562, [2014] Eq LR 51, [2013] WLR(D) 474, [2014] 1 WLR 1501, [2014] ICR 357, [2014] IRLR 145, [2014] 1 All ER 1235
Bailii, WLRD
England and Wales
Employment, Discrimination
Leading Case
Updated: 02 November 2021; Ref: scu.518768
