Case 1805942/2022 · Employment Tribunal
Mr F Ngole v Touchstone Leeds Heard at Leeds — 2024
- Case reference
- 1805942/2022
- Decision date
- 21 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brain Members
- Venue
- Leeds
- Panel members
- Mr W Roberts, Mr M Taj, Mr M Brewer
Parties
2 namedClaimant
Mr F Ngole
Respondent
Key findings
Tribunal's reasoningThe claimant, a Christian and qualified social worker, applied for a discharge mental health support worker role with the respondent and was given a conditional job offer. Following a Google search concerning the claimant's religious views, particularly about homosexuality and same-sex marriage, the respondent withdrew the conditional offer without first discussing the matter with him.
The tribunal found that the complaint of direct discrimination because of religion or belief succeeded in part in relation to the withdrawal of the conditional job offer on 10 June 2022, and that the respondent's occupational requirement defence to that successful direct discrimination claim failed. The tribunal dismissed the remaining direct discrimination complaints, the harassment complaints, and the indirect discrimination complaints, finding the respondent's actions justified except for the 10 June 2022 withdrawal decision.
No remedy was determined in this judgment. The tribunal directed that the matter be listed for a remedy hearing and required the parties to provide availability.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Religion or belief discrimination | Direct discrimination because of religion or belief succeeded in part in relation to the respondent's withdrawal of the conditional job offer on 10 June 2022. The remaining complaints of direct discrimination were dismissed. | Upheld | Religion or belief | — |
| Harassment | Harassment related to religion or belief was dismissed. | Dismissed | Religion or belief | — |
| Religion or belief discrimination | Indirect discrimination in relation to religion or belief was dismissed. | Dismissed | Religion or belief | — |
Legal tests applied
8 references- section 13 Equality Act 2010
- section 19 Equality Act 2010
- section 26 Equality Act 2010
- section 39 Equality Act 2010
- paragraph 9 of Schedule 1 Equality Act 2010
- Article 10(2) ECHR
- Bank Mellat criteria
- Porter v Magill apparent bias test
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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