Great Ormond Street Hospital Cleaners Win Racial Discrimination Appeal

In a significant ruling, the Employment Appeal Tribunal (EAT) has upheld the claims of 80 cleaners at Great Ormond Street Hospital (GOSH) regarding indirect race discrimination. The tribunal found that the cleaners, predominantly from Black and minority ethnic backgrounds, were unfairly disadvantaged when their employment terms did not align with the NHS "Agenda for Change" (AfC) pay rates immediately after their contracts were brought in-house in 2021. Previously, these workers were employed by OCS Group UK Ltd and earned the London living wage of £10.75 per hour, which was below the AfC rate of £11.50.

The Guardian

The cleaners had initially lost their case in 2024 when an employment tribunal dismissed their claims. However, the recent EAT ruling overturned this decision, acknowledging that the delay in providing equitable pay and conditions constituted unlawful race discrimination. The cleaners argued that the disparity in pay and conditions placed them at a disadvantage compared to their predominantly white colleagues who were directly employed by the hospital trust.

The Guardian

Petros Elia, General Secretary of the United Voices of the World union, emphasized the broader implications of the ruling, stating, “For too long, thousands of predominantly Black, Brown and migrant facilities workers have been treated as second-class citizens.” He noted that the ruling sends a clear message to NHS trusts about the illegality of maintaining a two-tier workforce. Aman Thakar, a solicitor from Leigh Day representing the cleaners, commended their resilience in pursuing the case.

The Guardian

In response to the ruling, a spokesperson for GOSH stated that the hospital is “carefully reviewing” the decision. They acknowledged the complexity of the process and affirmed that their cleaning and domestic services staff are valued members of the team. The spokesperson highlighted efforts made to harmonize staff into NHS employment swiftly and effectively.

The Guardian

With the EAT's ruling in favor of the cleaners, discussions regarding financial remedies are anticipated, provided that GOSH does not pursue further appeals. The outcome of this case may set a precedent for similar employment practices within the NHS and beyond, particularly concerning the treatment of workers from minority backgrounds.

The Guardian

The EAT's decision marks a pivotal moment in the ongoing fight against racial discrimination in the workplace, particularly within the NHS. As the case progresses towards potential financial remedies, it underscores the importance of equitable treatment for all employees, regardless of their background.

The Guardian