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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work in a hotel as a head house keeper if my employer closes

Resolved Question:

i work in a hotel as a head house keeper if my employer closes the doors where do i stand i am also live in
Submitted: 2 years ago.
Category: Scots Law
Expert:  Ben Jones replied 2 years ago.
Hello how long have you worked there for?
Customer: replied 2 years ago.

started 1st feb 2014

Expert:  Ben Jones replied 2 years ago.
Will anyone take over the running of the hotel?
Customer: replied 2 years ago.

no she is just said she would close the doors

Expert:  Ben Jones replied 2 years ago.
Usually that would amount to a redundancy situation however as you have less than 2 years' service you would not be entitled to a redundancy payment. So your employment could be terminated simply by you being given the contractual notice period you are entitled to, which cannot be less than a week.
As to your live in status 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, 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. 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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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