MBA v London borough of Merton 2013 EWCA Civ 1562Posted In: Case Law
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionDiscrimination and Equality
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
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