Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Case lawConstructive dismissalEmployment law

Copsey v WWB Devon Clays Limited

by Personnel Today 9 Aug 2005
by Personnel Today 9 Aug 2005

Copsey v WWB Devon Clays Limited, Court of Appeal, 25 July 2005

The Court of Appeal upheld a decision that an employee’s dismissal for refusing to work on Sundays was fair for ‘some other substantial reason’. The employer had done everything it reasonably could to accommodate the request not to work on Sundays, and there was no breach of article 9 of the European Convention on Human Rights.

Copsey was employed by a quarrying company. In response to an increase in orders, his employer introduced a rotating seven-day shift pattern. Copsey refused to adopt it and was allowed to work a six-day shift. But a further need for increased production led the employer to require all sand processing operators, including Copsey, to undertake seven-day shift working. Copsey indicated that his opposition to Sunday working was on religious grounds and was given a number of options, including alternative employment in another department, which he declined. He was dismissed.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

He brought an unfair dismissal claim, arguing that the real reason for his dismissal was his religion. He also claimed there was an infringement of Article 9 of the European Convention on Human Rights (the freedom to manifest his religious beliefs).

The tribunal found that Copsey was dismissed for refusing to accept the new shift pattern, and there were sound business reasons for the need to make these changes, namely the significant increases in production. Further, his dismissal was not in any way connected with his religious beliefs. Copsey’s appeal to the Employment Appeal Tribunal (EAT) was unsuccessful, and it was also dismissed by the Court of Appeal.



  • Note: As Copsey was dismissed in 2002, there was no claim for discrimination on the ground of religion or belief as the Employment Equality (Religion or Belief) Regulations 2003 only came into force on 2 December 2003.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Top civil servant in Scotland invites critics to work on shopfloor
next post
Lost in translation: communicating pensions information to employees

You may also like

Ministers loosen fire and rehire proposals in Employment...

10 Jul 2025

Court of Appeal rules that Ryanair agency pilot...

9 Jul 2025

Bereavement leave to extend to miscarriages before 24...

7 Jul 2025

Company director wins £15k after being told to...

4 Jul 2025

How can HR prepare for changes to the...

3 Jul 2025

Government publishes ‘roadmap’ for Employment Rights Bill

2 Jul 2025

Employers’ duty of care: keeping workers safe in...

27 Jun 2025

When will the Employment Rights Bill become law?

26 Jun 2025

Seven ways to prepare now for the Employment...

20 Jun 2025

The employer strikes back: the rise of ‘quiet...

13 Jun 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+