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Royal Parks cleaners argue outsourcing is discriminatory in landmark Court of Appeal case

ROYAL Parks workers took their argument that their outsourced contracts amount to indirect discrimination to the Court of Appeal today.

If they succeed, their landmark case could lead to the “dismantling of the outsourcing model and the redistribution of wealth to the low-paid subcontracted and precarious workers,” according to the United Voices of the World union (UVW).

The charity’s 160 in-house staff, of which 87 per cent were white, were paid at least the London living wage whereas roughly 50 outsourced cleaners, some 90 per cent black or ethnic minority, received only the minimum wage until they went on strike in 2019.

The union first brought and won its case at an employment tribunal in 2021 but that decision was overturned at an employment appeal tribunal (EAT) after Royal Parks, which manages London parks owned by the Crown such as Hyde Park, argued that the initial judgement had improperly excluded other outsourced workers from consideration.

Today Changez Khan, for the outsourced workers, told appeal court judges: “We say the EAT was not, with respect, correct to say that the claimants and the tribunal tried to shut out relevant people from the pool comparison.

“Secondly, we say that while the EAT may, two years after the tribunal decision, quibble with the precise formulation which the employment tribunal adopted, it really makes no difference to the outcome.”

The contract the case relates to was drawn up by the Royal Parks Agency in 2014 before the charity was formed.

The Royal Parks welcomed the EAT’s conclusion that it “did not indirectly discriminate against the contractor’s employees.”

UVW general secretary Petros Elia said outsourcing meant workers would endure the “absolute legally worst terms and conditions that an employer can provide.”

The two-day hearing concludes tomorrow.

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