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Christian who refused to work on Sunday loses employment tribunal

Celestina Mba, 57, has explained she needs the whole Sunday off to properly observe her Christian faith Celestina Mba, 57, has explained she needs the whole Sunday off to properly observe her Christian faith

A devout Christian who refused to work on a Sunday has lost her discrimination case after a judge ruled it “was not a core component of Christian faith”. Celestina Mba, of Mitcham, had claimed Merton Council unlawfully discriminated against her by asking her to work on Sundays at the Brightwell children's centre in Morden.

But, in giving the ruling at the London South employment Tribunal this morning, Judge Heather Willams QC said Merton Council did not promise Miss Mba would have to work on Sundays and having an entire Sunday off work was not essential.

She said: “While the claimants belief is deeply held it is not a core component of Christian faith.”

Miss Mba said: “I am really sad for Merton Council because they have removed somebody who would have made a difference to the people who use Bright well’s services, the children and the parents.

“I was called the sunshine of Brightwell so they have removed the sunshine that was there.”

The 57-year-old, who left her job as a residential care officer at the home, which provides respite for children with disabilities in June 2010, added: “The activities I do on Sunday including teaching, visiting people in hospitals and prisons is a part of worship. For me Sunday is about worshipping god, empowering and encouraging others. It is not just about going to the service.”

Merton Council's 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."


What do you think? Let us know by leaving a comment below, tweeting @WimbledonNews or email: newsdesk@wimbledonguardian.co.uk.

Comments(14)

Paul Spence says...
2:59pm Thu 23 Feb 12

A totally correct outcome. It is always wrong to privilege religion in the workplace

Tuffers says...
3:29pm Thu 23 Feb 12

I agree with the final decision by the court because I don't believe anyone can dictate to their employer how they should be employed, provided the employer is in compliance with the Law. However, I don't understand how a court or any other party can declare what is or isn't a core value of a religious belief. Surely each individual determines for his/herself precisely what his/her belief is and what its values are. There is not a limited number of beliefs to choose from!

SarahOX14 says...
4:01pm Thu 23 Feb 12

Presumably her god doesn't believe that children should be cared for on Sundays.

David.I says...
6:34pm Thu 23 Feb 12

This is complete rubbish. If you know the full story she already asked to have Sundays off when she excepted the job. Her colleagues told the management that they will cover her shifts but they still said no.

How can the Judge say what the core values of her faith is? Or any ones faith.

If this was another religion I'm sure this wouldn't happen.

@SarahOX14 Please tell me what this has to do with God's view on children's care? If you don't know 'her god' what makes you think you can answer for him?

Keep your presumptions to yourself.

JohnnyDale says...
1:12am Fri 24 Feb 12

Unfortunately David, its your comment that's complete rubbish.

"she already asked to have Sundays off when she excepted the job."

She signed a contract stating that she was required to work on Sundays. Her employer (foolishly) allowed to get out of this for a while.

Her employer (again foolishly) tried to compromise with her by saying she could have time off to go to church in the morning then come in afterwards, but of course this wasn't good enough for her because she's "special".

"If this was another religion I'm sure this wouldn't happen."

You are of course wrong here too. Try looking up the case Cherfi v G4S Security Services Ltd.

That case also quite rightly upheld that nobody should get special treatment regardless of which particular collection of puerile drivel they subscribe to.

David.I says...
1:36am Fri 24 Feb 12

@Johnny Dale, Have you seen the contract? If not how can you say what days she put?

If she was on the rota for Sunday it would have been the primary reason for the verdict.

Apparently its “was not a core component of Christian faith”!

This is rubbish when people are willing to take your shift! Unless that is not in the contract why couldn't this be done?

Was she the only person who had to work on that day, I doubt it.

Didn't you read that she doesn't just go to a morning service and go home or did you miss that part.

This is unreasonable period!

David.I says...
2:57am Fri 24 Feb 12

@Johnny Dale, Have you seen the contract? If not how can you say what days she put?

If she was on the rota for Sunday it would have been the primary reason for the verdict.

Apparently its “was not a core component of Christian faith”!

This is rubbish when people are willing to take your shift! Unless that is not in the contract why couldn't this be done?

Was she the only person who had to work on that day, I doubt it.

Didn't you read that she doesn't just go to a morning service and go home or did you miss that part.

This is unreasonable period!

JohnnyDale says...
5:47am Fri 24 Feb 12

"Have you seen the contract? If not how can you say what days she put?"

No I haven't. However I have read the following extract from the Judge's ruling .... "There was no express agreement ever arrived at by the parties that the claimant would never have to work on Sundays. On the contrary, she was contracted to work on Sundays." (from http://www.wimbledon
guardian.co.uk/news/
9550898.UPDATE__Reac
tion_from_religious_
discrimination_tribu
nal/)

I know facts don't mean a lot to the likes of you, but please remember that in the real world, outside your church, they're what matter.

"This is unreasonable period!"

No it would be unreasonable to give this woman time off to attend her cult meetings without letting everyone else have whatever day off they might want to pursue their own hobbies. I'm sure there are plenty of football supporters who would like Saturdays off.

moodydaniel says...
7:43am Fri 24 Feb 12

It's amazing how Mrs Mba has such wonderful colleagues willing to take up her every Sunday shift regardless of holidays or the other issues that affect everyone's lives. Who (true Christians excluded of course) needs weekends right?

What's really amazing however is that God gave Mrs Mba the foresight to know her colleagues would happily cover every Sunday before she'd even signed her work contract and met them. Surely this miracle should be the real news story.

lordofzombies says...
8:00am Fri 24 Feb 12

so there's a job going at merton council? thats great news!

trasie says...
12:15pm Fri 24 Feb 12

No religion should interfere with working life, unless your of the cloth. Just seems like an excuse for having a day off to me. Same as other faiths. Religion is only someone's belief in a god that makes them feel safer.

Bobincork says...
2:47pm Fri 24 Feb 12

This is totally wrong, the right result for the wrong reason. The contract of employment provided for Sunday working and Miss Mba should have not even applied for the job with those conditions. While, as an atheist, I think most believers of all religions have not really examined the evidence for the existence of their god, it is quite clear, in the Bible, that the sabbath is holy, it is one of the ten commandments. There are direct instructions, relating to the man gathering firewood on the sabbath, that work, on the sabbath, earns the death penalty, one of the many reasons why religion is being spurned by thinking people. Christian believers pick and choose which parts of the Bible they wish to follow.

MartinBudd says...
5:19pm Sun 26 Feb 12

As any Sunday School child could tell her, the Ten Commandments are a core component of Christian faith. This fourth commandment says: "Remember the sabbath day, to keep it holy. ..." Exodus 20:8. Jesus himself said "I come not to abolish the law but to fulfil it." Now we have someone whose job one would have thought is to uphold law - apparently advocating abolition of a law. If she thinks this of the fourth commandment, then does she think the relatively lesser sixth and eighth commandments - refraining from killing and stealing are not a core component of the Christian faith?

MartinBudd says...
5:29pm Sun 26 Feb 12

The judge had said: “While the claimants belief is deeply held it is not a core component of Christian faith.”
As any Sunday School child could tell her, the Ten Commandments are a core component of Christian faith. This fourth commandment says: "Remember the sabbath day, to keep it holy. ..." Exodus 20:8. Jesus himself said "I come not to abolish the law but to fulfil it." Now we have someone whose job one would have thought is to uphold law - apparently advocating abolition of a law. If she thinks the fourth commandment need not be kept, then does she think the relatively lesser sixth and eighth commandments - refraining from killing and stealing are not a core component of the Christian faith?

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