April 18, 2013

Sunday Working was objectively justified

In MBA v London Borough of Merton the EAT has upheld a Tribunal decision that it was not indirectly discriminatory against Christians for a residential care home to require its full-time staff to work on Sundays in rotation. The Tribunal had concluded, properly, that the requirement to do so was a proportionate means of achieving the legitimate aim of care of the residents. The EAT found that the Tribunal had properly considered the extent to which Christians generally would be affected by this requirement, which is relevant to the question of proportionality.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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