Christians have a right not to work on Sunday, court decides

The Court of Appeal in London has today legally recognised the right of Christians to observe Sunday as a day of rest.

The court was ruling on the case of Celestina Mba, a 38-year-old care worker from Merton, south west London, was forced to leave her job when she refused to work on Sunday for religious reasons.

An employment tribunal had previously argued that because not all Christians observe Sunday as a day of rest, it could not be considered a "core component" of the Christian faith, despite it being the fourth of the Ten Commandments listed in Exodus chapter 20.

However, the Court of Appeal today rejected this notion, arguing that Sunday observance is an important part of the worship and practices of many millions of Christians, and cannot therefore be simply dismissed.

Employers have a responsibility to be conscientious and to work to find a balance between their business needs and an employee's religious obligations, the court judged.

Had this judgement gone differently, Christians who objected to working on Sundays in the future could have found themselves without a legal defence.

Andrea Minichiello Williams, barrister and director of the Christian Legal Centre, said: "At last the courts are beginning to demonstrate greater understanding of what it means to be a Christian.

"Christian identity extends beyond private belief into daily life. We pray that the tide is turning.

"Many Christians will now be able to argue that their employer must respect their rights of Sabbath worship"

Ms Mba resigned from her job at a children's home run by Merton Council in 2009 after being pressured to work on Sundays.

The initial employment tribunal found that as a 'committed Christian' she had made it clear that she was unable to work Sunday shifts because of her beliefs.

Although the Council initially respected this decision, two years later they approached her requesting that the arrangement be altered. From 2009 onwards, despite knowing she would refuse, Ms Mba's employers ordered her to work on Sundays.

Describing the situation, Ms Mba said: "They were trying to break my faith and see if I really believed in the Lord's Day. Merton disrespected my Christian faith. I said to the Court that the Council would not treat other faiths like they treat Christians. It was like giving pork to a Muslim every meal-time and then disciplining them for not eating it.

"If they really needed someone to work on a Sunday, they should have recruited that person and I would have been glad to leave. I had offered to take unpopular shifts and work anti-socials in order to protect Sundays."

The Court of Appeal decided it was wrong of the employment tribunals to have judged against Ms Mba on the basis of whether other Christians were observing Sundays as a day of rest.

Lord Justice Maurice Kay said: "I am satisfied that there was an error of law in the decision of the [employment tribunal] and that it was repeated in the judgment of the [employment appeals tribunal]."

Although future rights of Christians to refuse to work on Sunday have now been protected, the Court of Appeal's judgement was not retroactive, and therefore did not force Merton Council to provide Ms Mba with her job back.

The Appeals court was unwilling to reconsider the findings of the initial employment tribunal, or to order a new hearing to apply the correct tests to the case.

Lord Justice Maurice Kay said "after the most anxious consideration", he had come to the conclusion that the decision of the employment tribunal to uphold her dismissal was "proportionate" based on the law as it stood that time.

Ms Mba's supporters have found this aspect frustrating, with Ms Williams saying: "We believe if the Court of Appeal had been prepared to consider the facts according to the correct test, Celestina would have won. The onus should be on the employer to reasonably accommodate their employee."

She added: "[Ms Mba] loved her job and she has paid a high price for her Christian faith."

50% OFF
18K Gold Plated Initial Pendant Necklace with Reinforced Box Chain
$6.49 $12.99
50% OFF
6-Inch Desktop Pottery Wheel Kit for Beginners with 2.2lb Air Dry Clay
$44.99 $89.98
50% OFF
Portable Folding LED Book Light Night Lamp with Floral Print Cover
$11.99 $23.99
26% OFF
Magnelex American Flag Windshield Sun Shade - High-Resolution UV Reflective Heat Shield (X-Large)
$19.9 $26.9
50% OFF
TailSphere 12-in-1 Turkey Tail Mushroom Immune Support Chews for Dogs (90 Count)
$13.49 $26.99
50% OFF
Aegend Diving Dry Snorkel for Adults and Youth with Top Dry Valve
$7.49 $14.99
50% OFF
Aegend Kids Swim Goggles for Toddlers 3-8 with Anti-Fog and No-Hair-Pull Strap
$4.49 $8.99
73% OFF
Smart Bluetooth Body Fat Scale with LED Display and Body Composition Analyzer
$21.58 $79.96
73% OFF
COSLUS C20 Portable Cordless Water Dental Flosser and Oral Irrigator
$7.99 $29.99
29% OFF
Pleco SK01 Solar Powered Robotic Pool Skimmer with App Control (Obsidian & Ivory)
$284.99 $399.99
52% OFF
Cordless Robotic Pool Cleaner C1 with Wall Climbing and App Control (Glossy Black)
$290.69 $599.99
52% OFF
NEWFAST Outdoor WiFi Extender with MU-MIMO and 3 Gigabit Ports (IP66)
$47.99 $99.99
51% OFF
NEWFAST AXE5400 Tri-Band USB WiFi 6E Adapter with 4 Antennas (NF-U357)
$44.45 $89.99
The $400 Mouse I Thought Was Ridiculously Expensive—Until It Changed How I Work
$0 $0
50% OFF
NEWFAST NF-RE523 AC1200 WiFi Extender - 1200Mbps Dual Band Signal Booster & Internet Repeater
$18.5 $36.99
36% OFF
Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry
$12.74 $19.99
Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump
$0 $113.99
20% OFF
INTEX Prism Frame 20ft x 52in Above Ground Pool Set - Round Steel Frame Swimming Pool
$695.99 $869.99
Gardner Pet 43" Heavy Duty Dog Crate with Wheels - Indestructible Folding Metal Cage (Black)
$0 $149.99
23% OFF
Ergonomic Office Chair - Big and Tall Desk Chair with Adjustable Lumbar Support
$279.99 $363.99
Newsletter Stay up to date with Christian Today
related articles
Celestina Mba on her Sunday working case
Celestina Mba on her Sunday working case

Celestina Mba on her Sunday working case

News
Ann Widdecombe, devout Christian and right-wing stalwart, dies aged 78
Ann Widdecombe, devout Christian and right-wing stalwart, dies aged 78

The longtime Conservative MP and later TV personality was known for her outspoken faith and defence of free speech.

Christian app for defeating porn addiction has over half a million downloads
Christian app for defeating porn addiction has over half a million downloads

The app features daily devotionals and accountability groups to help its users live free from porn.

Assisted suicide 'not a medical treatment', says BMA
Assisted suicide 'not a medical treatment', says BMA

The BMA is neutral on whether assisted suicide should be legal.

Church of England vicar dismissed after preaching on gender identity wins settlement
Church of England vicar dismissed after preaching on gender identity wins settlement

Victory at last for former school chaplain Bernard Randall who lost his job after preaching a sermon in which he told students they didn't have to accept LGBT ideology.

Today's Top Deals

18K Gold Plated Initial Pendant Necklace with Reinforced Box Chain

$6.49
$12.99 50% OFF
View Deal

6-Inch Desktop Pottery Wheel Kit for Beginners with 2.2lb Air Dry Clay

$44.99
$89.98 50% OFF
View Deal

Portable Folding LED Book Light Night Lamp with Floral Print Cover

$11.99
$23.99 50% OFF
View Deal

Magnelex American Flag Windshield Sun Shade - High-Resolution UV Reflective Heat Shield (X-Large)

$19.9
$26.9 26% OFF
View Deal

TailSphere 12-in-1 Turkey Tail Mushroom Immune Support Chews for Dogs (90 Count)

$13.49
$26.99 50% OFF
View Deal

Aegend Diving Dry Snorkel for Adults and Youth with Top Dry Valve

$7.49
$14.99 50% OFF
View Deal

Aegend Kids Swim Goggles for Toddlers 3-8 with Anti-Fog and No-Hair-Pull Strap

$4.49
$8.99 50% OFF
View Deal

Smart Bluetooth Body Fat Scale with LED Display and Body Composition Analyzer

$21.58
$79.96 73% OFF
View Deal

COSLUS C20 Portable Cordless Water Dental Flosser and Oral Irrigator

$7.99
$29.99 73% OFF
View Deal

Pleco SK01 Solar Powered Robotic Pool Skimmer with App Control (Obsidian & Ivory)

$284.99
$399.99 29% OFF
View Deal

Cordless Robotic Pool Cleaner C1 with Wall Climbing and App Control (Glossy Black)

$290.69
$599.99 52% OFF
View Deal

NEWFAST Outdoor WiFi Extender with MU-MIMO and 3 Gigabit Ports (IP66)

$47.99
$99.99 52% OFF
View Deal

NEWFAST AXE5400 Tri-Band USB WiFi 6E Adapter with 4 Antennas (NF-U357)

$44.45
$89.99 51% OFF
View Deal

The $400 Mouse I Thought Was Ridiculously Expensive—Until It Changed How I Work

$0
$0 0% OFF
View Deal

NEWFAST NF-RE523 AC1200 WiFi Extender - 1200Mbps Dual Band Signal Booster & Internet Repeater

$18.5
$36.99 50% OFF
View Deal

Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry

$12.74
$19.99 36% OFF
View Deal

Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump

$0
$113.99 0% OFF
View Deal

INTEX Prism Frame 20ft x 52in Above Ground Pool Set - Round Steel Frame Swimming Pool

$695.99
$869.99 20% OFF
View Deal

Gardner Pet 43" Heavy Duty Dog Crate with Wheels - Indestructible Folding Metal Cage (Black)

$0
$149.99 0% OFF
View Deal

Ergonomic Office Chair - Big and Tall Desk Chair with Adjustable Lumbar Support

$279.99
$363.99 23% OFF
View Deal