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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75107
Experience:  Qualified Solicitor
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I need to speak to someone as soon as possible, SW13 0BY

Customer Question

I need to speak to someone as soon as possible
JA: Where are you? It matters because laws vary by location.
Customer: SW13 0BY London
JA: What steps have you taken so far?
Customer: None
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have issue with my previous employer & currently I am still living with them as it was live in position.They did not pay me for my work and want me to leave the place tomorrow. I have not done anything wrong it was unfair dismissal.
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 16 days ago.

How long have you worked there for?

Customer: replied 16 days ago.
Over 5 years
Expert:  Ben Jones replied 16 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

As far as the dismissal is concerned, if an employee has been continuously employed with their employer for at least 2 years they will be legally protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR).

Therefore, the first step is to establish which of these reasons is going to be used to justify the dismissal. Not only that, but they must also justify that it was appropriate and reasonable to use it in the circumstances.

Finally, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances. Each of the potentially fair reasons will have its own requirements in terms of the procedure that needs to be followed in order to make it fair. If that was not the case, you can consider a claim in the Employment Tribunal for unfair dismissal.

As to the accommodation, when an employee is provided with accommodation by their employer, there are three possible ways in which they could be allowed to occupy the property. It could be under any of the following:

- Service occupancy agreement;

- Licence to occupy;

- Assured shorthold tenancy

I will explain each of these scenarios in more detail below:

1. Service occupancy agreement

This is effectively a permission/licence to occupy a property for as long as the employee is employed by their employer. It applies where an employee is occupying a property for the better performance of their duties. It can also be a specific term in their contract which states that they live in a particular property, from which they can better perform their duties. Usually, the employer would retain control of the property and has a right of entry at all times and also the employee does not pay rent.

As long as there is nothing in the service occupancy agreement or employment contract to the contrary, the right to occupy a property comes to an end automatically on termination of employment, without a notice to quit being required, and the employee must vacate immediately.

2. Licence to occupy

This occurs if the employee does not need to occupy the property for the better performance of their duties, but at the same time they also do not have exclusive possession. This can happen when they share the property with others.

To terminate such a licence, the employer will need to serve notice to in accordance with any specific notice period agreed or, in the absence of such, reasonable notice to bring the licence to an end. Usually a month is viewed as reasonable in these circumstances.

3. Assured shorthold tenancy

For that to apply, the employee must be paying the employer rent of more than £250 per year, does not occupy a property for the better performance of their duties, has exclusive possession of a property; and occupies a property for a minimum term of six months.

The tenancy will not automatically end when the employment terminates and the employer will have to follow the correct procedures for recovering possession of the property. If the fixed term of the agreement has ended, the employer must give the employee at least two months' notice to quit. If the fixed term of the tenancy has not ended and is continuing, the employer will have to wait until the fixed term of the tenancy has expired before serving notice as above.

Expert:  Ben Jones replied 15 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Expert:  Ben Jones replied 14 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.