Introduction

Last week, in Mba v London Borough of Merton [2013] EWCA Civ 1562 the Court of Appeal dismissed Mrs Celestina Mba’s claim against Merton LBC for constructive unfair dismissal and indirect religious discrimination. Following is our analysis.

The facts

Mrs Mba is a practising Christian who believes very strongly that Sunday is a day for worship and not for work, in accordance with what she understands to be the terms of the Fourth Commandment: “Remember the Sabbath day to keep it holy…”.  She was employed as a care assistant at a children’s home run by the London Borough of Merton. Her job description included a requirement “… to undertake duties outside normal working hours as required by the shift rota including weekends, Bank holidays and sleeping duties” (para 1). Continue reading →