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Mba v London Borough Of Merton - Emphasis must be on PCP's impact on group, not individual [2012] EAT

The discriminatory effect of a Provision Criterion or Practice (PCP) must be weighed in terms of its impact on the group of which a Claimant is a member, and not on the Claimant as an individual.

Ms Mba worked in a Children’s home, employed by LB Merton under a contract under which she could be required to work on Sundays. After accommodating her wish as a Christian not to do so for some two years, her employer required her to work as contractually obliged. She argued that this provision criterion or practice (PCP) discriminated against Christians, and hence her, on grounds of religion or belief. An Employment Tribunal decided that the employer’s aim in seeking to ensure that all full-time staff worked on Sundays in rotation was legitimate, and was objectively justified, so that she could lawfully be required to do so

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