service occupier rights

[ajl338]

I think i currently count as a service occupier, my accommodation comes as part of my job as i cant be provied overnight backup unless i am onsite.

There is noone else on the same grade as me onsite but when i started working here i was an instructor and those insturctors that were non-residential got a slightly higher wage. So it is acknowledged that my accommodation is part of the job.

My question is this:
I am employed by Westminster CC but i live in Surrey (they own the site) Up until this point Westminster have paid my council tax, due to the fact that i get no choice where to live.also i have not had to pay energy bills.

It is now proposed that next month i pay both council tax and gas and electricity.Which i am obviously not happy about because its about 9% of my wage before tax.

I have no 'licence to occupy' the only paperwork inrelation to my house i have says that if i leave my job i have to vacate my house. When i came for the interview my Boss said i would not be paying council tax as it was covered by my employer. Nothing was said about bills except i had to sort out my own telephone one.

I've lived here nearly 2 years and i want to know what i can do to object to these charges which in reality amount to a �2000 pay drop. I took the job becuase the free houseing made it worth while. My boss has just said if i dont like it i can move off site.

[buildersmate]

You are right about your 'service occopier' category - there is a previous good answer to this type of employment arrangement here.
http://www.theanswerbank.co.uk/Law/Question404 420.html

Its a pity that you have nothing in writing to confirm this arrangement. I think you are best advised to see CAB and see what they say. You may be able to show that it is impied term of your contract of employment - sinnce you have been there a reasonable length of time. Although you have been in this house for 'nearly 2 years', how much continuous service do you have with this employer - the same length of time?

[ajl338]

Yes i've lived in the house as long as i have been doing the job (2 years at the beginning of June)

[buildersmate]

I think you should seek advice from the CAB as a second opinion. If you look at the attached link, it gives a pretty good set of information about the law on unfair dismissal.
http://www.bbc.co.uk/consumer/guides_to/employ ment_unfairdismissal.shtml
The eligibility of this is a minimum of 12 months continuous service (which you have). The case you would have to show is that your fringe benefits have been reduced without your agreement. Unfortunately to demonstrate this you have to resign and then claim 'constructive dismissal' at an Employment Tribunal and this may be a step too far for for you. However if you constructed a letter stating that you consider your employer is in breach of contract by this action and you request reinstatement of the previous arrangement, otherwise "you will have to consider your options". The mere threat of further action by you may force them to back down. The CAB can probably help you construct such a letter.