Tied accommodation/redundancy issue

[johnd43]

have a question regarding tied accommodation and redundancy. I have worked as a Resident Caretaker since July 2002 and have a flat (called the Caretakers flat) Recently the owner has sold the property and the new owners don't want the previous management team employed although they will be using the premises for the same reasons IE Commercial renting of units for storage/ offices and warehouses. My solicitor feels that it is not only wrong because of TUPE regulations but illegal too. I have been offered a sum of money as a "voluntary contribution" from the previous owner / company - no mention of redundancy although the money they offer almost the same as the redundancy figure of 1.5 weeks pay for each year I have been employed. I am 68 years young with a very sick partner with a brain lesion which causes lack of mobility and sight but my present employer seems oblivious to this although he knows my situation doesn't seem to give a damn
Where do I stand legally? I'm not so bothered about the money more so my accommodation and that my employment ceases on 28th March also my tenancy. HELP PLEASE!!

[melonfool]

Hi

The tied accommodation is part of your remuneration package.

It is possible that TUPE applies (we really don't have enough information here but if you have seen a solicitor, who specialised in employment, and told them everything then I am sure they are correct) but that does not stop you from being made redundant.

Redundancy needs to be for one of the following reasons:

139 Redundancy.
(1)For the purposes of this Act an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to—
(a)the fact that his employer has ceased or intends to cease—
(i)to carry on the business for the purposes of which the employee was employed by him, or
(ii)to carry on that business in the place where the employee was so employed, or
(b)the fact that the requirements of that business—
(i)for employees to carry out work of a particular kind, or
(ii)for employees to carry out work of a particular kind in the place where the employee was employed by the employer,have ceased or diminished or are expected to cease or diminish.

https://www.legislation.gov.uk/ukpga/19 ... ection/139

TUPE does not prevent this but it adds an interesting challenge to the employer - such redundancies/dismissals are automatically unfair if they are mainly connected to the transfer.

Have they said why they no longer need/want the role, specifically?

If so, it needs to fit into this definition for them to try to avoid the automatic unfairness - economic, technical, organisational (ETO), entailing changes in the workforce - is there anyone else employed who would be transferring with you?

I don't personally know how tied accommodation is compensated for in a redundancy situation but will try to find out. Do you pay any rent? Do you have a lease at all?

I'm sorry to hear about your partner. If you feel the actions of the owner are connected to your partner's condition you could have a claim for disability discrimination by association.

Just out of interest - is this a large/well-known company? How much would damage to their reputation affect them do you think?

Mel