Fighting for Justice Together

Electiva Hospitals Birmingham occupied Burcot Hall hospital on a short term license to occupy from Nov 2024.

EHB employed in excess of 100 staff members who worked at Burcot Hall.

A lease on a hospital site can be competitive and several parties approached the landlord for the long term lease including EHB.

Irrespective of who secures the lease, the workers are protected by virtue of TUPE transfer where there is a change of lease for a premises and the incoming tenant carries on the same economic activity.

EHB’s lease negotiations with the landlord were not fruitful and the landlord expressed that they wished to grant the head lease to Modality Partnership LLP following termination of the license of occupy to EHB. The landlord also have a duty of care and they were warned about TUPE liability but decided to ignore their obligations.

Modality Partnership LLP were contacted and advised that TUPE transfer would apply where there was a change of tenancy and the incoming tenant intends to carry on the same economic activity (hospital services) .Modality Partnership LLP refused to engage in TUPE consultations stating the TUPE did not apply in their opinion. They had concerns about higher staff pensions payments being an NHS provider and preferred to employ staff from India working in partnership with Apollo Hospitals (a hospital chain based in India and UK). We understand that Modality did request TUPE information and this was provided as per the request.

On the 11th of June without any notice, the subtenant at Burcot Hall (OCL decided) to lock the gates and exclude EHB from the property. They refused entry to staff and the Resident Medical Officer was unable to exit the property for a period of about 12 hours. This action was supported by and directed by the Landlord. Staff had (and still have) some belonging in their place of work and access has been denied by OCL.

OCLs actions were illegal as they had no right to take the actions they took. However, their actions triggered a TUPE transfer of staff from EHB to OCL due to various reasons including being in sole occupation of the property, selectively hiring EHB staff and attempts to take over EHB commercial contracts and suppliers. OCL has declined to accept transfer of staff despite multiple attempts and legal opinions given to them.

We understand that Modality have now signed up to the lease but would like to hire workers from abroad and deny employment to workers at Burcot Hall.

As a result of OCL’s actions supported by the Landlord and Modality’s failure to consult, most staff have lost their jobs. Electiva was forced into administration.The Redundancy Payments Service (RPS) has refused statutory payments, as they believe that a  TUPE transfer has happened. 

We are organising for justice for the workers at Burcot Hall employed previously by EHB.

There is a time limit to bring a claim ( 3 months minus 1 day from the date from the termination of employment -or before 9th of September 2025) and this group is there to support everyone to bring employment tribunal claims in the last effort to gain justice.

There will be no legal costs to bring the claim and legal representation will be done on a conditional fee agreement ( no win, no fee).
The legal team have all the required evidence to bring the claim on your behalf.

If you have been affected, please get in touch so that we can advise the next steps.