The vital case of Felix Ngole: Christian beliefs in the workplace

The essence of the case against Christian social worker Felix Ngole is that his Christian beliefs make him unemployable.

Felix applied for his "dream job" as a Mental Health Support Worker with Touchstone Leeds. Felix has experience supporting people with mental health issues from all walks of life in various settings, and the appropriate professional qualifications to boot. After going through a recruitment process, including interview, Felix was provisionally offered the job and told he was the best candidate in interview and that he gained the highest marks of any candidate on an equality and diversity assessment.

After obtaining references and doing a search online, Touchstone suddenly changed its mind. Touchstone discovered articles online describing a previous court case in which Felix had been fully vindicated.

Back in 2016, Felix was shockingly expelled from Sheffield University because a student anonymously reported some Facebook posts in which he defended his Christian beliefs that marriage is between a man and a woman and that homosexual practice is wrong.

With the help of Christian Concern, Felix took the university to court for discrimination. In a landmark judgment at the Court of Appeal in 2019, Felix won his case and was allowed to return to Sheffield University to complete his degree. The Court ruled that: "The mere expression of religious views about sin does not necessarily connote discrimination.” The Court also recognised that Felix had never been shown to act in a discriminatory fashion.

One might have thought that when Touchstone found out about his story, it would realise that Felix was an ideal employee. There are not many people who have had a Court of Appeal judgment stating that you have never been shown to have acted in a discriminatory fashion! But no. Touchstone was very concerned about Felix’s Christian beliefs. He actually believes in Christian sexual morality. How awful! What would people think?

Alarmed by these Christian beliefs, Felix was invited for another interview. His job offer was subsequently withdrawn, so, once again Christian Concern was called in to help.

Now, once Touchstone was fully appraised of the issues, one might have thought they would back down rather than discriminate against Felix on the basis of his Christian beliefs. But instead, they dug in and Felix was forced to go to court. Felix won his case for discrimination at the Employment Tribunal (ET), but the tribunal still ruled 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,” effectively deeming him a safeguarding risk.

Let’s just pause and consider that for a minute. Touchstone had concerns that some people might find out about Felix’s Christian beliefs! More than that, they thought his Christian beliefs might harm people! The ET agreed that discovering his Christian beliefs could damage people’s mental health!

Felix appealed this ruling and won a victory at the Employment Appeal Tribunal (EAT) just last month. The EAT told the ET to think again because its original ruling was unlawful. Frustratingly, this means Felix has to go back to square one and have his case heard at ET all over again. At least this time it would be with the benefit of an EAT ruling in his favour.

In court, Touchstone had argued that employing “someone like this” would make the organisation “an unsafe place”. Head of Operations, Dave Pickard, argued that people would find John 3v16 “triggering”. He said that a member of staff saying that they did not agree with same-sex marriage or that they thought there are only two genders “could lead to death”.

A lot hangs on this case, then. It is safe to employ Christians? Or is it a suicide risk for other staff or clients? This is the first time such arguments have been made in court.