Great Ormond Street Hospital Cleaners Triumph in Racial Discrimination Appeal
In a significant legal victory, eighty cleaners at Great Ormond Street Hospital have successfully appealed a tribunal decision, with the Employment Appeal Tribunal (EAT) ruling they suffered indirect race discrimination while waiting for NHS pay terms.
Four-Year Legal Battle Culminates in Landmark Ruling
The case, which has spanned four years, centred on cleaners – predominantly from Black and minority ethnic backgrounds – who argued they were disadvantaged compared to their mainly white colleagues. Their contracts were transferred in-house in 2021, but they did not receive NHS Agenda for Change (AfC) pay rates immediately or shortly thereafter.
Previously employed by OCS Group UK Ltd between 2016 and 2021, the cleaners earned the London living wage of £10.75 per hour, rather than the AfC rate of £11.50. They also had inferior terms regarding pensions, sick pay, annual leave, and other benefits compared to directly employed NHS staff.
Union and Legal Team Hail Historic Decision
The cleaners, represented by the United Voices of the World union and law firm Leigh Day, contended this created a two-tier workforce. Petros Elia, general secretary of United Voices of the World, stated: "The EAT ruling confirms that forcing these workers to wait months or years for the pay and conditions they are legally entitled to is not just bad practice – it is unlawful race discrimination."
Aman Thakar, solicitor at Leigh Day, praised the extraordinary resilience and determination of the claimants throughout the protracted legal process.
Hospital Response and Next Steps
Great Ormond Street Hospital (GOSH) acknowledged the ruling, with a spokesperson saying they are "carefully reviewing" the decision and emphasising that cleaning staff are valued members of their team. All affected staff have now been offered NHS AfC terms.
If the hospital chooses not to pursue a further appeal, the case will progress to discussions concerning financial remedy for the workers involved.
This judgment sends a clear message to NHS trusts nationwide about the imperative to eliminate discriminatory practices in workforce harmonisation processes.
