Christian woman appeals for right not to work on Sundays

Children’s care worker Celestina Mba, from London, says she should be free to obey the Fourth Commandment in the Bible and rest and pray on the Sabbath.

Ms Mba, 58, a Baptist Christian and mother-of-three, said as she came to court: “I have never worked Sunday in my life, never.

“What I am hoping to achieve is to have my individual rights to worship recognised – remove my belief and there is no ‘me’.”

Mrs Mba, 58, wants three appeal judges to overturn an employment appeal tribunal (EAT) decision dismissing her claim for constructive dismissal against the London borough of Merton.

She says she was working with autistic children at a respite centre run by the borough on the understanding that she would not have to work on Sundays, but after a time her employers reneged on the agreement.

For two years, her beliefs were accommodated, but then she was told she would have to work full weekend shifts and was left with no option but to resign, she says.

Her claim for constructive dismissal failed before the EAT partly on the grounds that observing the Sabbath was not a “core component” of the Christian faith.

The tribunal took into account a statement submitted to support her case by a senior clergyman, which stated only “some” Christians observe the Sabbath.

Michael Nazir-Ali, former Bishop of Rochester, wrote: “Some Christians will not work on the Sabbath (except for mercies), others may work only in an emergency; some Christians will want to wear a cross to manifest their faith, others will manifest their faith in some other way.”

Mrs Mba’s counsel, Paul Diamond, argued the EAT had misconstrued her belief and wrongly interpreted the fact that “some” Christians will not work on the Sabbath in a way that interfered with her individual right under Article 9 of the European Convention on Human Rights to “manifest her religious belief”.

Merton council lawyers are arguing that the employment tribunal which first dismissed Mrs Mba’s claim was “plainly and unarguably right” and the EAT was justified in upholding its decision.

Mrs Mba is now a childcare worker with a company which allows her to have Sundays off.

If she wins her appeal, it could establish new religious rights allowing Christian workers generally to avoid Sunday working.

Shop workers are already entitled to refuse to work on Sundays, but employees in other areas can be required to do so if their employer shows there is “a legitimate business need”.

The judges said they would hand down their judgment in writing at a later date.