Key facts of the case - The applicant is employed as a care assistant in a children’s home. She is a practising Christian and deems that it is against her religious beliefs to work on Sunday. She resigned following a change in work patterns which obliged her to work on Sunday and claimed indirect religious discrimination. Her appeal was dismissed by the Employment Tribunal, which gave weight to the view that the belief in not working on a Sunday was "not a core component of the Christian faith" and held that the obligation imposed to the employee was proportionate and dismissed the discrimination claim.

Main reasoning of the court - The EAT found that the ET’s decision should not be based on whether the applicant’s beliefs pertaining to Sunday as a day of rest is a core component of Christian faith. The EAT, however, upheld the ET decision and concludes to fair dismissal as the applicant was required to work on Sundays by virtue of her contract and because the alternative proposals of the applicant were rightly assessed as not viable and practicable alternatives.

See the decision: 2013-12-05 - Mba v Mayor and Burgess of the London Borough of Merton [2013] EWCA Civ 1562.