LIST OF CASES / Copsey v WWB Devon Clays Ltd CA 2005

[2005] EWCA Civ 932, Court of Appeal on the 25th July 2005, reported at [2005] ICR 1789 (also reported at [2005] IRLR 811)

NOTES

Copsey v WWB Devon Clays Ltd [2005] EWCA Civ 932 on 25th July 2005, reported at [2005] ICR 1789 (also at [2005] IRLR 811)

The full text of this judgment is available free of charge on the BAILII website.

Authority for the proposition that:-

(in the view of one of the 3 judges in the Court of Appeal - see note (i) below) European Human Rights Convention art 9 is not engaged in circumstances where a Christian employee is dismissed for refusing to work Sundays. So far as working hours are concerned, an employer is entitled to keep the workplace secular and the question of whether dismissal of an employee for refusing to work on Sunday is a fair or unfair dismissal must be decided according to normal principles of unfair dismissal law.

editor's notes:-

the Court of Appeal's conclusion that the dismissal in this case was fair was unanimous. However the 3 judges came to that conclusion for different reasons. Only the reason given by Mummery LJ noted above is of general application as a matter of law, the other two judges basing their decisions on the particular facts of this particular case

this case was decided before the Employment Equality (Religion or Belief) Regulations 2003, SI 2003/1660 came into force on 2nd December 2003. These regulations make it unlawful to discriminate on the grounds of religion or belief in employment and vocational training. Had they been in force at the time of Mr Copsey's case he may have had grounds for a claim under these regulations.

Leave to appeal to the House of Lords was refused on 22nd November 2005 ( Copsey v. WBB Devon Clays Ltd [2006], ICR 205, HL (pet ref)).

For relevant general notes see Religious discrimination/a general note and/or Religious discrimination/new regulations 2003 and/or Unfair dismissal/reasons making dismissal prima facie fair/some other substantial reason (''SOSR'') .

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prepared July2005