MBA v Merton London Borough Council

By Ross Crabtree

The case was a woman who is a Christian and refused to work at her care home on Sundays because of her belief that it is wrong to work on Sundays. This reason is debated as some say that working in a care home is a Christian act in itself. She resigned from her job and appealed to a Tribunal.

She lost her appeal in the Court of Appeal and her employer was found to have acted "proportionately". 

“Ms Mba was a care worker at a registered children’s home which was open 7 days a week, 24 hours a day and requires full staffing at all times.  Mrs Mba is a Christian who believes that it is wrong to work on Sunday.  When she was eventually rostered to work on a Sunday she did not attend work on the Sundays she was rostered and disciplinary action followed. Eventually she resigned alleging "indirect" religious discrimination.

On the facts of her employment I have to say that I cannot see that there could be any question of Mrs Mba ever winning her case.  The Children in the home had to be fed and cared for on a Sunday just as much as on any other day and personally I would see that as performing a Christian act however that is of course merely a personal view.

To quote from a news item which summarises this: 

It is clear that health and safety requirements and providing a seven-day, twenty-four hour service in a hospital or social care setting will provide legitimate reasons [for restricting religious practice]

A useful case for G & P students contemplating the judicial system and how rights are protected within it.

Official case details from the court of appeal.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1562.html