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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 60512
Experience:  Qualified Employment Solicitor
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My daughter works for Greene Ki g and has just be told by

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My daughter works for Greene Ki g and has just be told by her area manager that she must vacate the company flat she lives in. This will make her homeless. She has recently said she wants to step down from assistant to team leader. Her E R department are investigating but she has still been given notice. No where in the staff handbook does it say you have to be management to live in flat. What can she do?
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Both. E R said that will get back to her by the end of week. This has happened today si E R are not aware. Manager seems to be ignoring the fact that E R are investigating
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No union. Just employees
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: She will have to move home to Swindon therefore cannot continue working as she has no where to live and is financially unable to rent privately as no money for deposit

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has she worked there for? Please note I am mobile at present so may not be able to reply immediately, thanks

Customer: replied 7 days ago.
10 years
Customer: replied 7 days ago.
Sorry, I ha e just realised this is an American solicitor. Can you still advise on U K law?

I am a UK solicitor specialising in employment law.

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; or

· Under a licence to occupy

The most common way would be to grant the employee a licence to occupy. This would be the case unless there was a formal tenancy agreement in place, or the employee was granted exclusive possession of the property for a term in return for rent.

If there is a written employment contract in place the first step should be to check what the terms under that contract are and determine the employee's rights that way. For example, there could be a specific clause which details that the employer has granted a licence to occupy or it could deal with the rules on how the employee can be removed from the property.

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. This will occur in the following circumstances:

{C}· If the employment contract ends;

{C}· If the employee voluntarily leaves the property; or

{C}· If the employment does not terminate, by the employer giving at least 4 weeks' notice as per section 5, Protection from Eviction Act 1977.

Therefore, unless employment is terminated and the licence to occupy terminates as soon as that happens, 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 law.

Does this answer your query?

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Customer: replied 7 days ago.
This is brilliant thank you.

All the best