MBA v London borough of Merton 2013 EWCA Civ 1562

The appellant in this case appealed against an Employment Appeal Tribunal decision which dismissed her initial claim regarding indirect religious discrimination. The Appellant in this case was a practicing Christian. The Appellants rotas originally allowed for Sunday to be her rest day; however her legal obligation for Sunday working was ‘as and when required.’

The local authority, the defendant, began to rota the appellant in for Sunday working. The Appellant raised a grievance, which was rejected. When rotated to work on a Sunday, the Appellant refused to do so and as a result disciplinary proceedings and a final warning was issued. The appellant resigned and issued proceedings alleging