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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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the question I have I am a pub manager and living on the premises,

Resolved Question:

the question I have I am a pub manager and living on the premises, I was given a weeks notice on Sunday 2nd March that my employment would be terminated on Sunday 9th March, were as I agree the pub is under achieving is this sufficient notice as I live on the premises? There is no question of wrongful doings just that the pub is under performing, my employer has asked me to say its a joint decision when in fact it was not?
Kind regards
Duncan Johnstone
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. How long have you worked there for?

Customer:

Hello 10 Months

taratill :

Ok and is there anything in your contract that talks about you staying in the pub as part of your employment?

Customer:

She's still not given me or other employees contracts or job descriptions only verbal

taratill :

Ok but was the verbal agreement that you would stay in the premises as part of your employment? Rather than you being a tenant in the normal landlord and tenant sense?

Customer:

to stay on the premises for insurance reasons etc

taratill :

Ok do you have any reason to believe you are being discriminated against, in the decision to dismiss you, on the basis of your age, race, sex, disability, sexual orientation, religion or for raising a health and safety complaint?

Customer:

no

taratill :

Ok well there are 2 issues at play here, the first is as an employee and the second is as regards XXXXX XXXXX accomodation. As an employee you can be dismissed for any reason in the first two years of employment so long as you are not being discriminated for one of the reasons listed above. You should be paid notice and outstanding holiday pay.

taratill :

As regards XXXXX XXXXX this amounts to a licence to occupy whilst you are employed and the employer has the right to evict you when the employment terminates. If you refuse to leave they can apply for a court order, which will be granted and you will be ordered to leave within 2 weeks or the court may give you 6 weeks if you can show exceptional hardship will occur.

Customer:

how much notice should be given from my employment?

taratill :

1 week statutory notice should be given. You should be allowed to remain in the accommodation during that period.

Customer:

ok thankyou for your help

Customer:

do you no what holiday pay etc I should be entitled to and should they have given me notice in writing?

taratill :

No problem all the best for the future. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

yes I will do, would you no what I should be entitled to?

taratill :

You should be entitled to a weeks normal pay plus any outstanding accrued holiday. You are entitled to 28 days per year pro-rata so you need to divide that by ten and deduct any days you have taken.

Customer:

ok thank you I've not taken any

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