Review ordered of Christian worker's job ruling

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Felix Ngole was rejected for a job after an employer discovered his views on homosexuality

A judge has told an employment tribunal to rexamine the case of a Christian social worker who claims he had a job offer withdrawn because of his views on homosexuality.

Felix Ngole, from Barnsley, was offered a role at Touchstone Leeds in 2022, but it was rescinded after the company discovered he believed homosexuality was a sin.

A 2024 tribunal ruled Ngole was directly discriminated against when the job offer was withdrawn but rejected further discrimination claims around a second interview and the final decision not to give him the job.

However, Ngole has since successfully appealed parts of the ruling, with a judgment issued on Monday stating the tribunal had "erred in law" in some respects.

The case has now been sent back to the employment tribunal for re-examination.

Mr Ngole previously won a Court of Appeal case against The University of Sheffield, which had wanted to stop him completing his social work degree because of his orthodox Christian views.

'Dangerous precedent'

The Cameroon-born grandfather-of-two, who has also worked as a youth pastor, a housing officer and a teacher, told a previous hearing his initial interview with Touchstone in May 2022 had gone well.

He was offered a job, subject to reference checks, but was called back for a second interview after the organisation became aware of his Court of Appeal win against the university and his views on homosexuality.

The organisation was concerned service users could find out about his views by using internet searches which could "negatively impact them".

The devout Christian, who was supported by the Christian Legal Centre, said his second interview felt like "an interrogation".

The 2024 tribunal also rejected Ngole's claims of indirect discrimination and harassment.

His legal team argued at the Employment Appeal Tribunal that the ruling set "a dangerous precedent", claiming that it would effectively bar Christians who hold traditional views on marriage from working in professions that serve LGBTQI+ individuals.

'Frustrated'

Judge James Tayler ruled some of the employer's reasoning may have been legally problematic, especially where it relied on fears about third parties discovering Ngole's beliefs.

However, he said it was lawful for the employer to seek reassurance about how Ngole would treat LGBTQI+ service users by way of a second meeting.

The refusal to reinstate the job offer must now be re-examined in full by the employment tribunal, Judge Tayler ruled.

In a written judgment, he said: "The employment tribunal must analyse each reason, or group of related reasons, for the treatment separately and decide whether, at least in part, the treatment of the claimant was, in reality, because of his religious beliefs as opposed to something properly separable from them that justified the treatment."

Ngole said he intended to pursue a further appeal to the Court of Appeal.

"I am pleased to see the Employment Appeal Tribunal recognise that I should not have been refused this job solely because people might discover my mainstream Christian beliefs online," he said.

"However, I am frustrated that the case has been sent back to the employment tribunal.

"I have supported vulnerable individuals from all backgrounds throughout my professional life, and I have never sought to impose my beliefs on anyone."

A spokesperson for Touchstone said the case had highlighted "important principles for employers balancing inclusivity with conflicting beliefs or protected characteristics".

"At no point were our decisions based on Mr Ngole's beliefs themselves," they said.

"We continue to believe we did the right thing in defending this action and have only ever acted with the aim of seeking to protect our service users, staff, and all involved in our charity.

"Touchstone is wholly committed to the celebration of equal rights, diversity and inclusion and we pride ourselves on being a strong ally to the LGBTQI+ community, as well as all religious communities."

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