The tribunal has upheld the claim by 80 GOSH cleaners, members of United Voices of the World (UVW) trade union, that the 18-month delay in transferring them onto full NHS pay, terms and conditions after being brought in-house was unreasonable, unlawful, and indirectly race discriminatory.

The tribunal accepted that the delay constituted indirect racism, disproportionately disadvantaging Black and brown workers as compared to their band 2 colleagues. 

The cleaners had previously been employed by a subcontractor, OCS, on lower pay and conditions than directly employed NHS staff. Following a sustained campaign by UVW, they were brought in-house in 2021, but their NHS pay and terms were delayed by over a year. The tribunal ruled this delay unreasonable, unlawful, and indirectly discriminatory under the Equality Act 2010.

The ruling means the workers are entitled to back payment for the difference between the pay and benefits they received and what they should have received under their NHS contracts. The total owed is potentially in the millions.

Petros Elia, UVW general secretary, said: ‘The Employment Appeal Tribunal's ruling confirms what we have always known: 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. This precedent, forged in the tireless four-year legal fight of our members at Great Ormond Street, provides hope for every worker being exploited across the country.

‘The message to every NHS trust is clear: the era of a two-tier workforces is over. Enough of hiding behind excuses of bureaucracy or ‘complexity. Bring your staff in-house immediately and grant them full rights from day one.'

In response, a GOSH spokesperson, said: '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. 

'We are carefully reviewing the Employment Appeal Tribunal decision.'