How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

my employee hand book states that accommodation is made available

Resolved Question:

my employee hand book states that accommodation is made available for the manager and his partner. Does the company have the right to interfere and decide who i choose as my partner. I manage a pub and the pub company is stating that they do not believe that the person I am with is not my partner. They are then trying to charge rent to my partner.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long have you worked there for?

Customer:

i have had continuous service for 9 years with the origional company. they went into administration and in Jul last year the new company took on the lease as a going concern and we have continued under the new company

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

Thank you.

Ben Jones :

Many thanks for your patience. The law does not define what a ‘partner’ is and it would usually be a common sense interpretation unless there is a specific policy that defines this and specifically lists person that would be treated as a partner. In the absence of a specific definition of what or who a partner is, then it would usually be a person you are in a relationship with. However, it does not include just a friend as you may guess, rather it has to be someone you are in some form of intimate relationship with.


 


If the employer has any doubts about the genuineness of the person you state is your partner, they may ask for further details to be certain this is the case. They should not just do this every time but only if there are genuine suspicions over it. It will then come down to you and the employer discussing the matter and agreeing on factors that will prove in a way that you are indeed the partner of the person in question.


 


So the company cannot decide who you choose as your partner, but then I do not believe this is the issue here, rather they are concerned that the person is not your partner. So it is not a matter that they disagree with your choice of partner but they have their doubts over whether they are genuinely your partner.


 


If they remove the benefit of accommodation then you do have the right to raise a formal grievance to pursue this matter further. If the grievance fails you can appeal but if that fails too then the only option open to you is to resign and claim constructive dismissal, so think carefully before you go down that route.

Customer:

what do we have to do to prove we are in a relationship ?

Ben Jones :

well that is the difficulty - unless you are married or in a civil partnership you don't just get a document to prove you are in a relationship, you have to use any evidence you have, such as photos of you together that may suggest you are more than just friends, outgoings where you pay for each other , etc

Customer:

Thank you, XXXXX XXXXX been a great help.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Ben Jones and other Law Specialists are ready to help you