No compromise with council on Holy Day, Christian woman claims
5:37pm Wednesday 22nd February 2012 in London News By Hardeep Matharu
Celestina Mba: "I was prepared to work Monday to Saturday so long as I had just had that one day to honour God and to bless other people."
A Christian woman who refused to work on Sundays had been treated reasonably by being allowed to come in after going to church, a tribunal has heard.
Celestina Mba, of Bennetts Close, Mitcham, is suing Merton Council for unfair dismissal after insisting they would not let her have the whole day off in order to practice her religion.
But Merton Council’s barrister, Jake Davies, said the council had reasonably tried to accommodate Miss Mba's religious beliefs by offering that she could attend church service on Sundays and then come to work.
Speaking at London South Employment tribunal this morning, Mr Davies referred to a written statement provided by the former Bishop of Rochester, Bishop Michael Nazir-Ali, setting out the Christian position on Sunday as a Holy Day.
Mr Nazir-Ali, one of Britain’s most well-known authorities within the Church of England, told the court: "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.
"What is important is reasonable accommodation by employers of religious faith and practice."
Mr Davies said the statement implied that not every Christian would refuse to work on a Sunday, and this point needed to be considered by the tribunal in the "balancing exercise" it would need to conduct.
He also said the Council had no evidence to suggest that another Brightwell employee, a Muslim, had been given Fridays off to attend prayers at the mosque, as Miss Mba claims.
Mr Davies said: "This is not a case of direct discrimination."
But Miss Mba had declined the offer and said her whole day was spent taking part in church activities, including teaching, the tribunal heard.
Miss Mba, 57, was a care worker at the Brightwell Children's Home in Morden, an award-winning respite centre for children with complex special needs and disabilities.
While the Council accepted Miss Mba's view of refusing to work on Sunday was genuinely-held, this was not part of Christian belief in general, the court heard.
Miss Mba's barrister, Paul Diamond, claimed Merton Council had acted contrary to Article 9 of the European Convention of Human Rights which gives everyone the right to practice and express their religion.
Mr Diamond said: "This case raises the important question of the importance of religion in the workplace.
"Repeatedly asking Miss Mba to work on Sundays was an order that someone must violate their religious beliefs and was not reasonable or sustainable under Article 9."
Giving evidence to the court, on Monday, Miss Mba said: "There is no way that I would have signed a contract to work for Merton Council if I thought that I was going to have to work on Sundays."
She also told the tribunal she had always negotiated time off on Sundays with previous employers.
Speaking to the Wimbledon Guardian, Miss Mba, who is still unemployed, said she had loved her job and found it difficult to leave.
She said: "I was prepared to work Monday to Saturday so long as I had just had that one day to honour God and to bless other people.
"That's how I was edified, so I could come out and work with these children and give them the best. You need to be empowered yourself before you can empower others.
"When I left, I was hurting because of the children. When you make an attachment with children who need you and have to leave it's like you are betraying them."
The tribunal is due to reach a verdict tomorrow and the Wimbledon Guardian will bring you the result as soon as it happens.
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