Representatives of social care agency Touchstone, which provides health and wellbeing services, withdrew Ngole’s job offer after discovering that he had said, in the internet, that homosexual relationships were “sinful” and “wicked”, the Telegraph reported.
The tribunal upheld that Ngole had been directly discriminated against for his expression of his religious views but disagreed with the claim that Touchstone’s refusal to employ him was discrimination. Issuing a statement through his legal representative at Christian Legal Centre, on 1 July, Ngole claimed that he would appeal the decision.
Employers should not exclude candidates because of their religious views, commented Shakil Butt, founder of the consultancy HR Hero for Hire.
Speaking to HR magazine, Butt said: “Having a religious viewpoint should not discount a person from holding an office where they are expected to provide services to a range of diverse people.
“Equally it would be irrational to conclude that someone who is LGBT+ could not provide services to those with an opposing view based on faith.
"Despite religious belief being a protected characteristic under the Equality Act 2010 it is notable that not all protected characteristics are equal: some are more equal than others. Religious belief has tended to be the poorer cousin in employment law rulings."
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Ngole was initially offered a position at Touchstone in 2022. However after the company discovered a Facebook post where he described same-sex marriage and homosexuality as “sinful”, it retracted the job offer.
Representatives of Touchstone claimed that the business had made its decision as its LGBTQ+ service users could be at risk of harm if they discovered Ngole’s beliefs.
Ngole said: “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 also claimed that his religious beliefs had not prevented him from supporting people from all backgrounds, including LGBTQ+ people.
Butt noted that employers should recognise that, and nurture a culture where employees work without imposing their beliefs onto others.
He continued: “Bringing your whole self to work should mean exactly that, so long as this does not mean imposing your thinking and behaviours onto others. Even between different faiths and thinking there should be mutual respect and understanding.
“[Employers should] encourage safe spaces, where it is okay to ask but also okay to hold different views. Diversity of thinking by its nature means that we will not agree on everything. That’s okay. We can agree to disagree without being disagreeable.”
Ruth Cornish, founder of HR consultancy Amelore, told HR magazine that this case highlighted the need for employers to make clear what is expected of employees during recruitment.
“Employers need to make sure that the recruitment process is clear about what is expected from applicants if they are successful,” she said.
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“It is fine for an individual to hold personal beliefs but there needs to be a clear line about expressing those in the workplace. This is particularly key when working with service users.
“What employers need to be mindful of is making decisions about applicants based on pre-conceived or stereotypical views about what they believe or how they might behave as that could be seen as religious discrimination.”
This could be supported with training for employees and clear policies on how the Equality Act will protect individual beliefs in the workplace, Cornish added.
She continued: “Employers need to invest in training line managers and employees about how the Equality Act protects individual beliefs. Everyone needs to know how this powerful legislation protects individuals in the workplace. A key focus of any training could be on discussing how to show respect for others and understanding and accepting differences.
“Employers can’t tell their employees what to believe but they can be clear about what will and won’t be tolerated in the workplace. So clear policies that are well communicated can be a game changer.”
