British Judge Rules UK Christians Don't Have the Right to Refuse Work on Sundays

Judges have been accused of diluting the rights of Christians after a key judgment on whether they can refuse to work on Sundays.
A new ruling by a High Court judge - the first on the issue in nearly a decade - says that Christians have no right to decline working on Sunday as it is not a "core component" of their beliefs.

The judgment - which upholds an earlier decision - means that individual Christians do not have any protection from being fired for not working on Sundays.

Campaigners said the decision puts Christians at a disadvantage to other religions and means the judiciary are deciding what the core beliefs of Christians can be, which they say is an interference in the right to practise religion.

The judgment was issued by Mr Justice Langstaff as he ruled on an appeal brought by a Christian woman who was sacked after she refused to work on Sundays at a care home.

Celestina Mba claimed the council she worked for pressured her to work on Sundays and threatened her with disciplinary measures - even though other workers were willing to take the shifts.

The 57 year-old, from Streatham Vale, south London, worships every Sunday at her Baptist church, where she is also part of the ministry team offering pastoral care and support to the congregation.

She said that when she took the position in 2007 providing respite care for children with severe learning difficulties at the Brightwell children's home in Morden, south-west London managers initially agreed to accommodate the requirements of her faith.

But within a few months of starting the job, Miss Mba said managers began pressuring her to work on Sundays.

She found herself repeatedly allocated Sunday shifts and threatened with disciplinary measures unless she agreed to compromise her church commitments, meaning she had no alternative but to resign from the job she loved, she said.

The care worker launched an unsuccessful legal claim in February this year and this month lost her appeal in the High Court.

Her constructive dismissal case was funded by the Christian Legal Centre which instructed Paul Diamond, a leading religious rights barrister.

Mr Justice Langstaff, who as president of the Employment Appeal Tribunal is the most senior judge in England and Wales in this type of case, upheld the lower tribunal's ruling which said it was relevant that other Christians did not ask for Sundays off.

The fact that some Christians were prepared to work on Sundays meant it was not protected, the court said.

The senior judge said that a rule imposed by an employer which affected nearly every Christian would have a greater discriminatory impact than one which only affected a few.

There was evidence that many Christians work on Sundays and this was relevant in "weighing" the impact of the employers' rule, and the earlier decision did not involve an error of law, he added.

Campaigners said the ruling showed that Christians are being treated less favourably than people from other religions, such as Muslims, Jews and Sikhs. They pointed to cases where the courts offered protection to other religions even when only a minority of adherents were affected. UCN