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Home > Workplace > England and Wales > 2005-07-25 - Court of appeal, Copsey v WWB Devon Clays Ltd [2005] EWCA Civ (...)

2005-07-25 - Court of appeal, Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932

Workplace · England and Wales · Dismissal · Religious holidays

Key facts of the case - The applicant is a Christian employee whose employer required him to work on Sundays due to a changed shift system after an increase in work received; the employee would not work on Sundays.

Main reasoning of the case - The Court of Appeal decided that it was not a case of ‘unfair dismissal’ because the employer had consulted widely and had tried to find alternatives. This was not a discrimination case since Council Directive 2000/78/EC had not been brought into effect for UK law at the time the issues arose. There was some discussion in the judgment about whether the employer could be said to have interfered with the employee’s ECHR, article 9 rights and/or whether such interference was justified, but the employee did not prevail on these arguments.

See the decision: 2005-07-25 - Court of appeal, Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932.