Great Ormond Street hospital cleaners win racial discrimination appeal

"A case against the London children's hospital brought by 80 cleaners the majority of whom are from Black and minority ethnic backgrounds was dismissed by an employment tribunal in 2024. But in a judgment handed down this week in a four-year legal battle, the employment appeal tribunal (EAT) upheld their appeal against the original decision, accepting their claim that they had suffered discrimination in not getting NHS Agenda for Change (AfC) pay rates immediately or shortly thereafter when their contracts were transferred in 2021."

"Between 2016 and 2021, the cleaners were employed by OCS Group UK Ltd, which held the cleaning contract at Great Ormond Street. At the time their contracts were transferred they earned the London living wage of 10.75 an hour, rather than AfC rates of 11.50, and had inferior terms and conditions to staff directly employed by the trust under the national AfC framework, which governs NHS pay, pensions, sick pay, annual leave and other benefits."

An employment appeal tribunal found Black cleaners at Great Ormond Street hospital suffered indirect race discrimination by being required to wait for NHS Agenda for Change pay and terms after their services were brought in-house. An earlier employment tribunal had dismissed the case in 2024, but the EAT upheld the cleaners' appeal following a four-year legal battle. Eighty cleaners, mostly from Black and minority ethnic backgrounds, transferred from OCS Group UK Ltd in 2021 and initially earned the London living wage of £10.75 an hour rather than AfC rates of £11.50, with inferior pay and benefits. All staff have now been offered AfC terms and, if the hospital does not appeal further, the case is expected to move to discussions over financial remedy.

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