Celestina Mba, a Christian children's worker, has been told by an Employment Appeals Tribunal that her employer was justified in not accommodating her Christian observance of Sunday.
Before Celestina began working for Brightwell Children's Home in
London, she agreed with her employers that she would not work on
Sundays in accordance with her Christian beliefs. The Tribunal
expressly found that Ms Mba thought that she genuinely believed that
her religious position would be accommodated in full. However, the
Council changed the arrangement after she commenced her employment and
said that the arrangement was temporary, forcing her to choose between
her job or her Christian observance.
Celestina tried hard
to make things work and said she would be happy to accept less pay or
to work night or Saturday shifts. The Council chose not to accept
these offers.
The Employment Appeals Tribunal held that
Sunday was not a 'core' component of the Christian faith because some
Christians would be prepared to work on a Sunday; and thus Christians
as a whole do not need Sunday protected.
This continues a trend where we are seeing secular Courts ruling on
'core' components of Christian practice.
This is a very
concerning Judgment and is another example of the undermining of the
Christian faith from the public square by the political and judicial
elites. The Courts have acted to protect the Kara bracelet, Afro
'Cornrow haircuts', the wearing of the Hijab and a Muslim's right to
fast, but have refused to grant protection to the Cross, the Christian
Sunday and Christian purity rings.
Andrea Minichiello Williams, Chief Executive of the Christian Legal
Centre, said:
"As we reflect on Christmas, the Queen's
speech and a national census that continues to demonstrate our
identity as a Christian nation, we may ask why our ruling elite seems
ready to undermine all that most of us hold dear.
"The
Court, in this case, created an unrealistic test which means that
people like Celestina who wish to respect Sunday as a day of rest and
worship will be forced out of the workplace. The Court seems to be
requiring a significant number of adherents of the Christian faith to
observe a particular practice before the Court is willing to accept
and protect the practice.
"In the past year we have seen
mandatory tests of faith in relation to the wearing of crosses by
Christians, belief about marriage between a man and a woman and now
observing the Sabbath when in all cases reasonable accommodation could
have been made. Such tests do not appear to be similarly applied to
Muslims who are permitted to wear the hijab and observe prayers and
Sikhs with the kara bracelet.
"As the Government presses
ahead with the redefinition of marriage perhaps the Courts will inform
us what percentage of Christians need to believe marriage is between a
man and woman before they will protect us?"
whilst i mildly sympathise seriously since when did sunday represent a special day for christians, every day is special as mentioned by paul and if we are to really insist on a day (not that we should since that becomes legalism) what happened to saturday (sabbath). we should not make things become more special than it should. The Lord has given us in the new covenant the freedom to pick and choose any day to he wont judge us nor be offended. it was the catholic church that stipulated sunday actually.