8 July 2026

Tariro Carmel Nyoka featured in the press on important EAT decision

Tariro Carmel Nyoka, Senior associate solicitor in our employment team has written for the Discrimination Law Association’s ‘Briefings’ publication about a recent Employment Appeal Tribunal decision which highlights the importance of distinguishing between protected beliefs and the way in which they are manifested.

In the case (Ngole v Touchstone Leeds) Employment Appeal Tribunal (EAT) considered whether an employer’s decision to withdraw, and subsequently refuse to reinstate, a job offer to a Christian applicant was taken because of his protected religious beliefs or because of the manner in which those beliefs were expressed.

Tariro explains: “The distinction between a religious belief and its manifestation is central to the analysis of a discrimination claim. If the decision was motivated by the claimant’s Christian beliefs themselves, it would amount to direct discrimination and be unlawful. However, if the decision was instead based on the manifestation of those beliefs, different considerations arise. In such circumstances, where the manifestation is considered sufficiently objectionable or inappropriate, the employer’s actions may be capable of justification as a ‘proportionate means of achieving a legitimate aim’.”

You can read the full article here.