Williams-Drabble v Pathway Care Solutions and anor (ET 2601718/04)

Williams-Drabble worked as a Residential Social Worker for PCS Ltd from 20th November 2003 until 25th May 2004. She had stated on her application form that she was a practicing Christian and advised PCS at interview that she could not work on a Sunday as she attended Church (and had done so for two years). She agreed to work a "sleepover" shift on Saturday night every three weeks, finishing at 10am on Sunday, which would allow her to go to Church in the evening.

In April 2004 PCS wrote to Williams-Drabble advising they wished to discuss her rota. No meeting took place and when she received her May rota, at the end of April, she had been rota'd to work two shifts from 3pm Sunday until 10am Monday, preventing her attending Church on those days. A co-worker advised her that it was her responsibility to find someone else to swap with, or to work those shifts.

Williams-Drabble told PCS she was unable to work Sundays and was told that the rota change was permanent and that if the new shifts were unacceptable to her then she would have to resign. Williams-Drabble handed in her notice.

Williams-Drabble claimed direct and indirect discrimination on the grounds of her religion against PCS and her co-worker. Neither respondent entered a Notice of Appearance or attended the Employment Tribunal.

The Employment Tribunal found that Williams-Drabble had been indirectly discriminated against on the grounds of her religion. They concluded that she had not provided facts from which the Tribunal could conclude she had been directly discriminated against. However, by PCS changing the rota in this manner, they had indirectly discriminated against Williams-Drabble, having applied a rule which although applied to all staff, put Christians at a disadvantage. PCS had not presented any legitimate business justification for the rota change (it is impossible to suppose whether they would have been able to do so if they had attended).

The Tribunal did not award a remedy at the hearing as PCS had not attended and they were mindful that the Regulations provide that if an employer proves the discriminatory practices were not applied with the intention of treating the individual less favourably on the grounds of religion or belief then there are limited circumstances in which compensation can be ordered.

The Tribunal issued a witness order requiring a Director of PCS to attend to address this issue.

Additional details can be found by clicking on the following links:

IDS Brief March 2005

Personnel Today article