8 August 2005

The Court of Appeal recently decided in the case of Copsey v WWB Devon Clays that the dismissal of an employee who refused to work Sundays was fair.

Mr Copsey was a Christian who refused to agree a new shift pattern his employer wanted to introduce to improve productivity. He refused to work Sundays. He also refused to work any other 6-day a week role, as there was no guarantee that Sunday work would not be required. He was ultimately dismissed. The company had agreed the shift pattern with the union but failed to reach an agreement with the employee. It was held that Mr Copsey was dismissed for some other substantial reason.

Discrimination on the grounds of religion and belief

The facts of Copsey case related to events occurring before the Employment Equality (Religion or Belief) Regulations 2003 came into force. Since June 2003 employees, prospective employees, ex-employees, workers, contractors and the self-employed are protected from discrimination and harassment on the grounds of religion or belief. There are only a few reported cases on religious discrimination since the introduction of the Regulations.

Sunday working requirements

In Williams-Crabble v Pathway Care Solutions an Employment Tribunal found that it was discriminatory to require a practising Christian to work on Sundays. In this case the employee made her faith clear on her application form and at interview, she explicitly informed her employer that she could not work Sunday as she had to attend church. Her employer imposed a new rota that required her to work on Sunday. When she objected she was informed that the change and permanent and if it was unacceptable she should resign. She did resign and claimed religious discrimination under the Regulations. The Tribunal held that the rota amounted to indirect religious discrimination and the company was unable to justify this. Clearly the employer’s conduct in this case contrasts with the efforts made in the Copsey case.

Is BNP membership a belief?

One infamous case considered whether a member of the British National Party (BNP) had been discriminated against under the Regulations when he was refused employment for being an active BNP member. In Baggs v Fudge an Employment Tribunal decided BNP was a political party and that subscribing to its doctrine did not qualify as a belief within the meaning of the Regulations. Under the Regulations a religion or belief is described as ‘any religion, religious belief, or similar philosophical belief’.

Pilgrimage

Many faiths require adherents to undertake pilgrimage to holy sites. In one of the first successful claims to be brought under the Regulations a tribunal found that it was discriminatory to dismiss a Muslim employee who had taken six weeks' leave (a combination of holiday and unpaid leave) to go on a pilgrimage to Mecca. He was awarded compensation of almost £10,000.

Issues to consider

Employers need to be alert to beliefs of their employees and must carefully consider requests made on the grounds of religion or belief. Areas to consider include: