MORE than 50 workers who allegedly fell prey to racial discrimination, harassment and bullying are poised to take their employer Carillion to court.

The 51 GMB union members, who work as porters and housekeepers in catering and cleaning roles at the Great Western Hospital, claimed back in 2011 that Carillion was bullying and discriminating against them.

The union took the case to an employment tribunal, where the judge did not allow it to proceed.

Now Mr Justice Wilkie of the Employment Appeal Tribunal, has found a mistake was made and has told the union its members may amend their claims and take the case forward.

Maria Ludkin, GMB National Officer for Legal and Corporate Affairs, said: “This is a great result for the Swindon hospital workers, which will now allow their claims for discrimination to proceed to trial. We are looking forward to the opportunity to expose Carillion scandal at Swindon to proper legal scrutiny.”

The GMB members, from the Indian state of Goa, originally voted overwhelmingly in December 2011 for strike action to protest alledged bullying and racial discrimination at the hospital.

They claimed managers had demanded gifts including cash, jewellery, cigarettes, alcohol and, in one instance, bedding in return for bestowing ‘favours’ such as granting holiday and overtime requests, allowing staff to remain in post and generally refraining from further prejudicial treatment.

But following a 21-day strike Carillion failed to uphold their grievances. As a result, GMB filed claims on behalf of members at the Employment Tribunal.

A preliminary hearing was held in December 2012 and January 2013. GMB launched an appeal against the ET decision in March 2013.

Now Mr Justice Wilkie has found the previous employment tribunal judge had erred in law by not allowing claims of harassment and indirect race discrimination to proceed.

Shazia Khan, partner at law firm Bindmans LLP, said: “This is a group of workers who allege to have been subjected to prolonged extortion and debasing treatment by their multinational employer. It is absolutely right that Carillion should be held to account for its alleged unlawful discriminatory conduct before the Employment Tribunal.”

A Carillion spokesman said: “The claimants’ appeal against a decision by the Employment Tribunal to refuse extensive proposed amendments to their claims has been allowed in part by the Employment Appeal Tribunal. However, we are pleased that the Employment Appeal Tribunal agreed that a number of claims should not go forward.

“The decision to grant part of the appeal was taken on technical grounds only and is not a reflection of the merits of the claims many of which still need to go back to the tribunal to determine if they will proceed at all.

“Carillion disputes the merits of the claims and does not believe they are supported by the facts. We will continue to rigorously defend the claims.”