Great Ormond Street Hospital Cleaners Triumph in Racial Discrimination Appeal
In a landmark legal decision, eighty cleaners at Great Ormond Street Hospital (GOSH) have successfully appealed a ruling concerning racial discrimination. The Employment Appeal Tribunal (EAT) has upheld their claim that they faced indirect race discrimination due to delays in receiving NHS pay terms after their contracts were brought in-house.
Background of the Case
The cleaners, predominantly from Black and minority ethnic backgrounds, were employed by OCS Group UK Ltd between 2016 and 2021 while the company held the cleaning contract at the London children's hospital. When their contracts were transferred in 2021, they earned the London living wage of £10.75 per hour, which was lower than the NHS Agenda for Change (AfC) rates of £11.50 per hour.
Additionally, they had inferior terms and conditions compared to staff directly employed by the NHS trust under the national AfC framework. This framework governs essential benefits such as pensions, sick pay, annual leave, and other entitlements.
Legal Proceedings and Tribunal Findings
Initially, an employment tribunal dismissed the case brought by the cleaners in 2024. However, in a judgment delivered this week after a four-year legal battle, the EAT overturned that decision. The tribunal accepted the cleaners' argument that they suffered discrimination by not receiving NHS AfC pay rates immediately or shortly thereafter upon contract transfer.
It is understood that all staff involved have now been offered NHS AfC terms. If Great Ormond Street Hospital does not pursue a further appeal, the case is expected to progress to discussions over financial remedy.
Union and Legal Representation
The cleaners are members of the United Voices of the World union and were represented by the law firm Leigh Day. They contended that the situation disproportionately disadvantaged Black and minority ethnic staff compared to their predominantly white peers who were directly employed by the trust.
Petros Elia, the general secretary of United Voices of the World, stated: "For too long, thousands of predominantly Black, Brown and migrant facilities workers – cleaners, porters, caterers and security staff – 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. The message to every NHS trust is clear: the era of two-tier workforces is over."
Aman Thakar, a solicitor at Leigh Day, praised the cleaners' resilience, saying: "Our clients have shown extraordinary resilience and determination in pursuing this case."
Hospital Response and Implications
Great Ormond Street Hospital has responded by stating it is "carefully reviewing" the decision. A spokesperson added: "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."
This ruling highlights significant issues within the NHS regarding employment practices and racial equality. It sets a precedent that could influence how other NHS trusts manage contract transfers and ensure fair treatment for all staff, particularly those from minority backgrounds.
The case underscores the ongoing challenges in achieving workplace equality and the importance of legal frameworks in protecting workers' rights. As the situation develops, it will be closely watched by employment law experts and advocates for social justice across the healthcare sector.
