A Catholic chef from St Margarets who was sacked because he would not work on Sundays was a victim of religious discrimination, a tribunal has ruled.

Joseph Estorninho of Sandycomb Lodge, made a verbal agreement with his boss at Zorans Cafe, St Margarets, that he would not work on the sabbath because he was a practising Catholic.

However, 11 months after starting his job, employer Zoran Jokic told him he would have to work Sundays.

Mr Estorninho, who attends the Catholic Church of St Margaret of Scotland, explained: "He knew that I couldn't work because of my religious beliefs. It is God's law to keep the sabbath holy, to keep it free from work.

"It is a day of relaxing and enjoying my family. I have two young children one is three-and-a-half the other is nine months. It is something I felt very strongly about.

"When Zoran told me I would have to work Sundays I told him we had an agreement and I wouldn't."

Mr Estorninho had worked as head chef at St Margaret's establishments the Turks Head and at Sunshine and Ravioli for five and six-and-a-half years respectively without working Sundays.

But he said: "It is hard to find work as a chef specifically not working Sundays."

Following his bosses insistence that he work Sundays Mr Estorninho wrote a letter of grievance stating his case. But when Mr Jokic received the letter he terminated Mr Estorninho's employment.

Mr Estorninho said: "I felt quite strongly that a religious person should not lose their job because of religious obligations."

The 46-year-old could not afford legal support and represented himself in the tribunal, which ruled Mr Jokic acted unlawfully and Mr Estorninho's dismissal was a case of religious discrimination.

In the final judgement the tribunal stated: "We find that (Mr Estorninho) was not dismissed for poor performance but for refusing to work on Sundays and asserting his rights not to be treated unfairly on the grounds of his religion or beliefs."

Mr Estorninho, a composer who wrote the pro-life opera Requiem for the Innocents, is now teaching cookery and music at Feltham Young Offenders Institute and is not required to work weekends.

Reverand John Formby of St Margaret of Scotland said of the case: "It is not just about religion. It is about the whole question of concious belief. No one has a right to force someone to do something against their conscience.

No one has a right to dismiss them from their work. No one would ask a Jewish person to work on Saturday because it is their sabbath.

"I was delighted to find that the tribunal said yes Joe was right. He was dismissed for professional imcompetence and I know he is a very competent chef. I know Joe and Carole-Anne his wife and the kids are dedicated to their beliefs and religion."

The cafe was unavailable for comment on the matter.