Christian Social Worker to Appeal Tribunal Ruling in Discrimination Case

Christian social worker Felix Ngole outside Leeds Employment Tribunal in West Yorkshire, England, on April 4, 2024. (Danny Lawson/PA)

A social worker who had a job offer withdrawn by an NHS provider because of his Christian views on homosexuality has vowed to appeal after an employment tribunal upheld part of his claim but ruled he was not discriminated against by the failure to employ him.

Felix Ngole, 46, told the hearing in April that Touchstone Leeds discriminated against him because of his religious beliefs when they withdrew his “dream job” offer as a hospital discharge mental health support worker at Wakefield Hospital in 2022.

In 2015, he had won a Court of Appeal case against Sheffield University which had unlawfully thrown him off his social work degree after it became aware of a Facebook exchange where he quoted the Bible to argue that homosexuality and same-sex marriage are sinful.

Touchstone—an organisation backed by Stonewall—offered Mr. Ngole the job after interviewing him but after management conducted a Google search and found details of his case against Sheffield University, the offer was withdrawn and he was called back for another interview.

In this second interview, Mr. Ngole was questioned about his beliefs and told by Touchstone bosses that unless he could demonstrate how he would “embrace and promote homosexual rights”, the job offer would remain withdrawn.

He was also told that he would be expected to attend LGBT “awareness training” but would not be free to share his views—despite others being free to share their LGBT affirming views.

In a written judgment handed down last week, Judge Jonathan Brain agreed that Mr Ngole was directly discriminated against when Touchstone rescinded the initial job offer but rejected further claims of discrimination around the second interview and the final decision not to give him the job.

The tribunal also rejected Mr Ngole’s claims of indirect discrimination and harassment which prompted the Christian Legal Centre, which supported him, to say the judgment “includes mixed and chilling conclusions for Christian freedoms and free speech.”

Touchstone argued that LGBT service users, requiring mental health support, could be more likely to harm themselves if they found out the Cameroon-born grandfather’s views on homosexuality.

Saying There Are Two Genders ‘Could Lead To Death’

Touchstone’s Head of Operations, Dave Pickard told the tribunal that if a service user was told by a member of staff that there are only two genders or that same sex marriage is wrong in their view, “it could lead to death.”

Mr. Ngole argued that he has never forced his beliefs on others and said his views would not prevent him from looking after an LGBT service user in exactly the same way as he would care for anyone else.

Judge Brain said: “Touchstone fell into the same error as did the University of Sheffield in Ngole ... Just as the University had “wrongly confused the expression of religious views with the notion of discrimination”… so too did [Touchstone] ...  The direct discrimination claim must therefore succeed.”

But the ruling went on to say that Touchstone had, “Well-founded concerns that others (in particular service users) may come across his beliefs which may be harmful to their already vulnerable mental health,” finding that the company had not discriminated in ultimately not hiring the qualified social worker.

‘A Dangerous Precedent’

Mr. Ngole said in a statement through the Christian Legal Centre: “I am pleased that the tribunal found that I was discriminated against, but there are so many disturbing comments and conclusions in it as well which leaves me with no choice but to appeal.

“The ruling ultimately sets a dangerous precedent as it gives employers the freedom to block Christians, and anyone who doesn’t promote LGBTQI+ ideology, from employment.”

He added, “If I was discriminated against when they withdrew the job offer then I don’t see how I was not also discriminated against when they refused to reinstate me after the ‘second interview.'”

Andrea Williams, chief executive of the Christian Legal Centre, said: “Judge Brain’s reasoning in this ruling is contorted.

“We are creating a society where social workers, doctors, nurses and psychologists, for example, have to be silent or face accusations that merely holding their protected beliefs could lead to patients coming to harm.

“This ruling cannot stand and it is deeply discriminatory. We will fight for Felix until he receives justice.”

In a statement to the Press Association, Touchstone said: “We very clearly and publicly pride ourselves on being a strong ally to the LGBTQI+ community, as well as all religious communities.

“We would never want to lose the trust of the communities that we work so hard to support and serve, nor are we prepared to compromise our values at any time.

“We believe we did the right thing in defending this action and acting in line with our values, with the principal aim being to protect our service users, staff, and all involved with our charity.”