Black cleaners at Great Ormond Street Hospital (GOSH) have won an appeal against an employment tribunal decision that had dismissed their claim of indirect race discrimination. The Employment Appeal Tribunal (EAT) ruled that the hospital had discriminated against 80 cleaners, most of whom are from Black and minority ethnic backgrounds, by delaying the introduction of NHS pay terms after their contracts were brought in-house in 2021.
The cleaners, who were previously employed by contractor OCS Group UK Ltd between 2016 and 2021, earned the London living wage of £10.75 per hour, while directly employed NHS staff received higher rates under the Agenda for Change (AfC) framework. The tribunal found that the wait for AfC terms placed Black and minority ethnic staff at a disadvantage compared with their predominantly white peers who were directly employed.
In his ruling, Mr Justice Sheldon upheld the appeal regarding the post-transfer period, though he did not find discrimination before the contracts were transferred. The hospital has since offered all staff AfC terms, and if no further appeal is made, the case will move to discussions over financial remedy.
Petros Elia, general secretary of the United Voices of the World union, said: 'For too long, thousands of predominantly Black, Brown and migrant facilities workers have been treated as second-class citizens. 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, added: 'Our clients have shown extraordinary resilience and determination in pursuing this case.' A GOSH spokesperson said the hospital was 'carefully reviewing' the decision, adding: 'Our cleaning and domestic services colleagues are valued members of our team at GOSH. This was a complex process, and we worked hard to harmonise staff into NHS employment quickly and in ways that worked best for individual staff.'
