The recent case of a Christian social worker winning a claim for discrimination due to his views on homosexuality stopped short of ruling that the organisation refused to employ him based on his stance. Shakil Butt looks at the implications of the tribunal decision for recruiters.
“All animals are equal, but some animals are more equal than others,” is the famous quote from Animal Farm by George Orwell.
This expression is apt when reflecting on the Equality Act 2010, which lists both religious belief and sexual orientation as protected characteristics. But in a recent tribunal ruling where the two were both considered, there seemed to be a lack of faith (pun intended).
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A Christian social worker, Felix Ngole, made a claim against social care agency Touchstone after it retracted a job offer upon discovering his views on homosexuality. He had published a number of posts on Facebook describing homosexuality and same-sex marriage as sinful.
The tribunal upheld that Ngole had been subjected to direct discrimination for his expression of his beliefs, but notably did not uphold his claim that Touchstone had refused to employ him due to discrimination.
Touchstone based their retraction on the basis that LGBTQ+ service users were potentially at risk of harm had they learnt of Ngole’s beliefs.
Ngole made it clear that as a social worker he had supported vulnerable individuals from all backgrounds (including LGBTQ+), indicating that the employer’s assumption was not based on any actual malpractice on his part.
He 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.”
‘Cart before the horse’
Ngole intends to appeal the tribunal’s decision.
Discrimination and barriers faced by any minority group are real, and workplaces have a lot more to do to be more inclusive. Tribunal decisions that are based on the possibility of something negative happening are not helpful.
Had Ngole been appointed and then acted in a way that was discriminatory to any person receiving his services, that would merit investigation and action. But this is akin to putting the ‘cart before the horse’.
Of course, each case is unique and should be considered on its own merits. This specific case is about a practising Christian, who regards homosexuality as sinful – a view shared by other Abrahamic faiths namely Judaism and Islam.
That said, homosexuality is not the only practice that is forbidden by faith.
Other widespread practices in society such as adultery and gambling are against a number of faith practices, but this has not deterred the provision and delivery of services to diverse groups of people who would have varying degrees of sin.
Every faith would agree that none are in fact without sin and all have fallen from grace at some point or another as sins can include behaviours such as arrogance and envy.
Common to many faiths is the need to serve your fellow human being often summarised in the Christian expression of “love thy neighbour” which includes all people of faith and none, regardless of sexuality.
This can be seen in action by the faith-based charities such as Christian Aid, World Vision, Salvation Army, CAFOD, Islamic Relief, Human Appeal, Muslim Aid etc that work in multiple countries serving the poor and needy, driven by faith but irrespective of faith to reach those in greatest need.
Mutually exclusive?
We could argue that this tribunal outcome suggests anyone from a doctor to a social worker to HR itself that has a (religious) belief cannot equitably provide a service to someone who does not ascribe to the same belief, which is unreasonable.
Had Ngole been appointed and then acted in a way that was discriminatory to any person receiving his services, that would merit investigation and action.”
Having a religious belief and delivering services to a diverse society are not mutually exclusive or at odds with each other, so should not automatically mean a person should be removed as a credible candidate.
Flipping the narrative to a person who is LGBTQ+ delivering services to persons regardless of their sexual orientation should equally not be problematic. In both cases, unless there are clear acts of bias and discrimination then this should not present an issue.
I accept that the UK is increasingly secular and the numbers of those with no faith are growing, but there is still a large proportion of people ascribing to a faith belief system with varying degrees of adherence across different faiths. Advocating for the rights of religious people does not imply undermining the rights of LGBTQ+ people.
Dialogue and difference
It is important in the workplace for everyone to be their authentic selves so they can focus on the day job.
Oscar Wilde, an Irish gay playwright, said it most eloquently: “Be yourself, everyone else is already taken.” There needs to be a caveat for this, however, which is unless being yourself is being rude and forcing your thinking onto others. In any situation where there is difference, dialogue is critical along with mutual respect and understanding.
In recruitment decisions, the starting point irrespective of faith or sexual orientation when considering any applicant is not to make assumptions. If there are concerns, then address those concerns by asking the candidate a direct question and making the role expectations clear.
Having diversity in the workplace will result in differences in thinking and practice but this does not have to lead to conflict. The prerequisite is accepting different outlooks as a value add rather than a threat or challenge to be overcome. In short, we can agree to disagree without being disagreeable.
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