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 constructive Unfair Dismissal and indirect religious discrimination contrary to the Employment Equality (Religion or Belief) Regulations 2003 reg.3 (1) (b).

The Employment Tribunal recognised the relevant provision, criterion or practice (PCP) as the requirement that staff must work Sundays as and when required. It was held that the Appellants belief that Sundays where a day for worship and not for work was not a core component of the Christian faith. The PCP was held to be proportionate to the legitimate aim of running the business and as a result the Appellants claim for indirect discrimination failed.

The Employment Appeal Tribunal dismissed the Appellants appeal. The Tribunal held that the Tribunal’s conclusion that the PCP was proportionate was both plainly and unarguably right.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1562.html