Claimant v St Mary's Care Ltd
Outcome
Individual claims
The respondent applied a PCP of requiring domestic assistants to work a variable rota including Sundays regardless of religious belief. This put the claimant, a Pentecostal Christian who was required to attend church on Sundays with her son, at a particular disadvantage. The tribunal found there were sufficient other employees to cover Sundays, and the claimant was willing to work Saturdays. Requiring her to work Sundays was not a proportionate means of achieving a legitimate aim.
Claim dismissed for lack of jurisdiction. The alleged acts occurred in or around June 2023, but ACAS conciliation did not start until 13 October 2023, more than 3 months later. The claims were not raised until an amendment application in November 2024. The tribunal found no conduct extending over a period and declined to extend time as it was not just and equitable to do so.
Claim dismissed for lack of jurisdiction on the same grounds as the harassment claim. The alleged acts occurred in or around June 2023, but were not raised until November 2024, well outside the 3-month time limit. The tribunal declined to extend time as it was not just and equitable.
Facts
The claimant, a Pentecostal Christian domestic assistant employed since 2017, had always worked weekdays and never Sundays due to her religious observance. In September 2023, her manager imposed a new rota requiring Sunday working without proper consultation, despite the claimant explaining her need to attend church on Sundays with her son. The claimant refused to work the allocated Sundays and lost wages as a result. She also alleged that a supervisor called her offensive names in June 2023.
Decision
The tribunal found that requiring the claimant to work Sundays constituted indirect religious discrimination. There were sufficient other staff to cover Sundays and the claimant was willing to work Saturdays, making the requirement not a proportionate means of achieving a legitimate aim. The tribunal awarded £6,000 for injury to feelings in the lower Vento band. The sex discrimination and harassment claims were dismissed as out of time, with the tribunal declining to extend time on just and equitable grounds.
Practical note
Employers must accommodate genuine religious observance requirements where operationally feasible, particularly where alternative arrangements can be made without undue hardship, and religious discrimination claims brought well outside time limits will not be saved absent compelling reasons to extend time.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2307511/2023
- Decision date
- 13 September 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Domestic Assistant
Claimant representation
- Represented
- Yes
- Rep type
- union