A discrimination ruling involving a Christian social worker at a Leeds-based mental health charity is set to be reviewed after following an employment appeal tribunal.
Felix Ngole was previously offered a role at Touchstone Leeds in 2022 as a social worker, subject to referencing checks.
However, the job offer was revoked after the charity uncovered that Ngole, a Christian, had made social media posts where he had expressed beliefs about homosexuality being a sin.
Ngole was subsequently asked to attend a second interview, which he said “felt like an interrogation”, and was not offered the role.
He claimed his religious beliefs had been discriminated against when he was not given the role despite being deemed “best qualified” by the charity, and took Touchstone to an employment tribunal in 2024.
The original tribunal judge had found that Touchstone discriminated against Ngole when it rescinded the initial job offer, but rejected further claims of discrimination around the second interview and the final decision not to give him the job.
Ngole appealed the initial ruling, and the employment appeal tribunal has now concluded that it should be revisited in some aspects.
Touchstone had argued that vulnerable LGBTQ+ service users requiring mental health support could be more likely to harm themselves if they found out Ngole’s views about homosexuality through his social media posts.
Ngole had argued that his religious views would not prevent him from looking after an LGBTQ+ service user, and had therefore appealed the employment tribunal’s verdict.
The employment appeal tribunal concluded that the initial employment tribunal ruling “erred in law” in some parts and must review its decision; it also concluded that the charity’s decision not to reinstate Ngole’s job offer “will have to be analysed again in full”.
Touchstone welcomes ‘clarification’
Reacting to the outcome of the employment appeal tribunal, a spokesperson for Touchstone Leeds said: “The employment appeal tribunal (EAT) has provided welcome clarification for employers like Touchstone.
“It confirmed that Touchstone acted lawfully in having policies and practices that require staff to actively protect, support and promote the rights of all service users, many of whom are highly vulnerable.
“It confirmed that employers, including Touchstone, may legitimately decide not to appoint individuals who are unwilling or unable to engage with their core purpose, policies, procedures and training.
“We chose not to appoint Mr Ngole due to serious concerns that vulnerable LGBTQ+ service users might fear or feel judged by him as their support worker, with potentially severe consequences.
“The EAT confirmed this would be a legitimate and lawful reason for taking objection to the social media statements made by Mr Ngole.
“The case will return to the Leeds Employment Tribunal where we will explain our decision-making process for reinterviewing the claimant and not reinstating the job offer following the interview on 18 July 2022 and how this aligns to the EAT’s guidance.
“At no point were our decisions based on Mr Ngole’s beliefs themselves.”
