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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47600
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am suspended from work and I live in a house that goes with

Resolved Question:

I am suspended from work and I live in a house that goes with my job. I have had the job for 40 years and the house for over 30 years. I have been given the option of resigning and collecting 3 months salary or my employers going ahead with a disciplinary hearing after which I will probably be dismissed. I am tempted to resign but want to know how much effect that will have on the house as opposed to being dismissed. I work in the agricultural sector and believe that I have some rights to staying in the house, although I would expect to have to pay rent.
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 :

What is the allegation made against you by your employer please?

Customer:

the allegation is that I have been doing work for myself during their time. I do not deny this. I am employed as the workshop manager of a large farming operation and in that role I have a lot of freedom to organise the work. there is no question of theft, I had already prepared a bill for the materials used, this would have been a part of my job, to make out the bills.

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

Ben Jones :

Many thanks for your patience. When an employee is provided with accommodation by their employer, there are two possible ways in which they could be allowed to occupy the property:



  • Under a tenancy

  • Under a licence to occupy


 


The most common way would be to grant the employee a licence to occupy. Unless there was a formal tenancy agreement in place, or the occupier was granted exclusive possession of the property for a term in return for rent, it is assumed that a licence to occupy would have been granted.


 


If there is an employment contract in place then the first step would be to check what the terms under that contract are and determine the employee's rights that way.


 


In the absence of a contract or a specific clause dealing with accommodation, the following assumptions can be made: if the employer wishes to remove the employee from the property they may only do so when the licence to occupy ends, which will occur in the following circumstances:



  • If the employment contract ends;

  • If the employee voluntarily leaves the property; or

  • If the employer gives at least 4 weeks' notice.


 


Therefore, if the contract is terminated, the licence to occupy will terminate as soon as the contract ends. This is regardless of whether the employee is dismissed or resigns. In any other case, the employer would be expected to give at least 4 weeks' notice because a licensee who occupies a property as a dwelling is entitled to that notice under Section 5 of the Protection from Eviction Act 1977.


 


If you chose to resign then you could try and agree a notice period after which you would leave, and this could buy you time with staying in the house that little bit longer until the notice expires. However, if your employment is terminated they could ask you to move out – they could offer you the option of staying there and paying rent but that would really be up to them and subject to negotiation so you may want to bring this subject up ASAP to start discussions over your future and what their intentions are.

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello Denis, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you