IN A RULING at the end of
last month, Mr Justice Langstaff, president of the Employment
Appeal Tribunal, upheld the view that treating Sunday as a day of
rest was not a "core component" of Christian belief. He was
discussing an employment-tribunal judgment in defence of a
south-London council that disciplined a woman, Celestina Mba, for
refusing to work a Sunday shift. Ms Mba subsequently resigned, and
lost her case for constructive dismissal (News, 2
March 2012). The original judgment suggests that Ms Mba's
employers in fact made substantial efforts over two years to
accommodate her. The work was providing respite care for severely
disabled children in a unit that is open seven days a week. The
managers juggle a shift pattern that must take into account
continuity, gender, cost, and seniority. In the end, attempts to
accommodate Ms Mba's beliefs, never made contractually, were
unsustainable, despite the willingness of some of Ms Mba's
colleagues to cover for her. A defence document by Dr Michael
Nazir-Ali stated that "some Christians" would not work on a
Sunday.
Religion is an interior
journey. The outward manifestations of the spiritual lives of a
group of people can have common elements, many codified into moral
rules and modes of behaviour; but it can be problematic if these
manifestations are given too much weight, for the believers as well
as for those who do not share their beliefs. The challenge is to
construct and maintain a society that is essentially permissive,
elevating those practices that most serve the common good,
occasionally granting them legal support. As regards
sabbatarianism, an uneasy pragmatism has taken precedence over
religious reasoning. It remains the norm to treat Sunday as a day
of rest; but with no common understanding of the concept, or of the
consequences for others of a decision, say, to spend the day
shopping, this norm is under threat.
It is still possible to find employment that does not involve
Sunday working, but the trend is away from this, and, as usual, it
is the low-paid who have the fewest choices. The efforts made to
accommodate Ms Mba are encouraging, and symptomatic, we believe, of
a general respect for religion and an individual's beliefs; but the
outcome of her case was that this was a job that she could not do.
There will be more like this. There has always been paid work that
needs to be done on a Sunday; the question is whether this becomes
the new norm. Already, the concept of financial compensation for
Sunday working has largely gone. For the past decade or two, the
Church has gone quiet on its long-argued defence of Sundays. If it
wishes to preserve what remains, it must renew its reasoning for a
common day of worship, family, friends, non-acquisition, and rest -
not as a "core belief", but as a core value for the whole of
society.