Legal quandaries facing salon owners
David Wright, who advises Habia and a variety of salons in the UK, answers some of the employment queries that salon owners and managers have experienced in recent weeks. I have two stylists working in my salon. They are self employed, so am I right to assume they don't need contracts?
Employees are legally entitled to a contract of employment. However, these stylists are self employed, so they don't need a contract, instead they need a contract of service.
There is no legal requirement to have a contract of service, but this means you have no right to enforce any agreements you may think you have. For example, the individual can simply leave and go elsewhere at a moment's notice.
What if the person is unwell and unable to provide the service, is the rent payable for 52 weeks a year or just when they attend? I recommend you agree a contract of service as soon as possible.
One of my self-employed team is thinking of leaving. She rents a chair, buys her own stock, and pays for her own publicity. She has begun to tell her clients that she is leaving and giving out her new contact details. I have told her this is illegal as the clients are mine. Am I correct?
There might be cases where you could argue the clients have been introduced to her by the salon, but if there is no written agreement between the owner and the chair renter - in other words, no contract of service - the self-employed stylist is effectively running her own business in competition with you.
The absence of any written agreement means she is free to leave without notice and take her clients with her.
I have an employee who has been with me for over a year and she is constantly off sick. I want to dismiss her. Do I need to give her a warning first?
The employee now has 12 months service and therefore has the right to go to Employment Tribunal if she thinks any dismissal is unfair.
Gross misconduct which justifies immediate dismissal usually relates to a single event and persistent absence does not normally fit into this category.
The salon owner would need to work through their disciplinary procedure and probably obtain medical advice from the employee's GP to discover if she has any underlying medical complaint.
It would have been far easier to deal with the situation during the employee's six month probation period.
My stylist is on maternity leave but I believe she is treating former clients at home. I have also checked Facebook which confirms my suspicions.
The fact she is on maternity leave makes little difference to her misconduct. She is effectively poaching clients from your salon which is serious. Hopefully, you have a clause in your salon rules/disciplinary procedure which specifically forbids her from poaching clients.
You just need to collect what evidence you can to substantiate your belief. I would envisage the employee would then be suspended and, in most cases, dismissed. Of course, as always, you must follow your disciplinary procedure to the letter.
There is probably also the question of whether she is making a false claim for statutory maternity pay as she is working.
I appointed an experienced stylist with a 12 week probationary period. I had five complaints in the first three weeks. I arranged to speak to her, however, she rang in sick and has now been off for three weeks, suffering from a bad back. Do I need to wait for her to return to work?
Firstly, I think your probationary period is too short. I understand you have decided not to confirm her appointment and you don't need to wait for her to return. In theory, she could be off for months.
You should contact her first to see if she has a date to return to work. If she isn't able to give a date you should arrange the probationary meeting.
Of course, be flexible about the time and venue. While she may be unfit to work, the nature of her complaint should not restrict her ability to attend the meeting.
More of David Wright's Legal Advice for Salon Owners