Advice needed on where the NHF contract stands on deductions of final wage

[Dawne]

Hi,
I have left the salon I was working for and have suddenly been told I am being billed for damage to the salon backdoor. I have not been made aware of any damages prior to giving notice to quit and feel that this could be an unlawful deduction of my wages. I signed a standard NHF employee contract in January 2015,which I am waiting for a copy of.
Does anyone know where I stand on this contract wise. I have spoken to ACAS and they confirm it is considered an unlawful deduction, pending a review of the contract terms.

My employer has also stated that "under clause 13 of my contract of employment" I am not allowed to use my face or name on any social media for 6 months. As far as I am aware I cannot work within a half mile radius of the salon, contact clients or mention where I was formally employed. Can an ex employer really try to enforce such restrictions upon me?

Thank you in advance for any help

 

[AcidPerm]

Your former employer sounds a bit unhinged and is trying it on!

When you sign a contract of employment, you should sign two matching documents and be given the second copy to take away at the time. Otherwise, I might argue that the document she has now shown you isn't the one you signed.

For the deduction from wages, she needs to prove that you personally caused the specific damage that she wants to put right. Even then, you could probably argue that any damage caused was due to fair wear and tear. Unless you know that you deliberately damaged the door, I'd refuse to accept the deduction and sue her for the unlawful deduction of wages.

Regarding the restrictions on using social media. Is she having a laugh?

The exact terms must not be any more restrictive on the employee than is reasonably necessary to protect the employer’s business. The Court must assess how reasonable the restrictive covenant is – if it is too onerous then it is likely to be struck out as unenforceable by the Courts. As far as the Courts go, they will consider the actual wording of the clause within the contract so if she's drafted it herself rather than using an employment specialist, chances are she's not worded it precisely enough. The fact that it contains a social media clause restricting using your personal image leads me to assume that she's added that sentence herself. Even a first year law student couldn't be that naive!

Case law requires that your employer must be able to show that she has a legitimate business interest which requires protection when enforcing a restrictive covenant. However, in salon work, clients are free to choose where to go and salons do not own their clients so if a client actively seeks you out, there's nothing your former employer can do.

Restrictions on working within a half mile radius might be enforceable depending on your location, but it has to also include a reasonable specific time limit. I would argue that 6 months is too restrictive in your line of work as clients usually return to the salon every 6-8 weeks and some regularly fancy a change.

Finally, I think it's very unprofessional for any staff to actively poach former clients. I definitely wouldn't be telling clients that I plan to change salons or when I plan to leave. I'd leave it to the clients to choose.
Some clients will remain loyal to the salon but equally many prefer to stick with the stylist they trust so they will actively seek you out. If your new employer uses an A board outside the salon advertising her newest member of staff and clients spot this, you can feel secure knowing that you haven't broken any contract clause. They can also publicise the information via their own social media pages or take out a full page advert in the local paper.

 

[Dawne]

Thank you for your reply Hairctuz
I know I didn't deliberately damage the back door to the salon. She would have informed me if I had when I left the salon the morning of 7th July. I am refusing to pay for damages as the only time I was made aware that there may have been any damage to the back door was after I had written to terminate my employment on the grounds of constructive dismissal.
None of the members of staff have ever been given a second copy of contracts.

I would not be unprofessional in trying to poach clients from the salon. Clients tend to follow stylists if they wish to on their own.
I shall draft up a reply email stating that I am not giving any authorisation for a deduction in my earnings on the matter of the back door and that she will have to invoice me. Should she make the deductions I will ensure she knows that it is an unlawful deduction

 

[BannerPenguin]

Thank you for your reply Hairctuz
I know I didn't deliberately damage the back door to the salon. She would have informed me if I had when I left the salon the morning of 7th July. I am refusing to pay for damages as the only time I was made aware that there may have been any damage to the back door was after I had written to terminate my employment on the grounds of constructive dismissal.
None of the members of staff have ever been given a second copy of contracts.

I would not be unprofessional in trying to poach clients from the salon. Clients tend to follow stylists if they wish to on their own.
I shall draft up a reply email stating that I am not giving any authorisation for a deduction in my earnings on the matter of the back door and that she will have to invoice me. Should she make the deductions I will ensure she knows that it is an unlawful deduction

Don't do e-mail. Send a recorded letter, much easier to track. Also, don't tell her to 'invoice you for the door' it would assume you accept liability. You really should get some legal advice and get them to send a letter.

 

[Dawne]

Don't do e-mail. Send a recorded letter, much easier to track. Also, don't tell her to 'invoice you for the door' it would assume you accept liability. You really should get some legal advice and get them to send a letter.

I'm at my wits end on what to do about this. I have cc'ed a solicitor into any email correspondence I have had with my now former employer so far. I have chosen to use email as she leaves post unopen for days at a time.
All I can now do then is let her know I am not accepting responsibility for any damage she claims has happened to the salon back door. I know I did not damage it

Don't do e-mail. Send a recorded letter, much easier to track. Also, don't tell her to 'invoice you for the door' it would assume you accept liability. You really should get some legal advice and get them to send a letter.

Email reply has been sent (with solicitor cc'd in) just stating the facts that ACAS set out on what is considered lawfully deductions and that I am not accepting responsibility for any damage to the salon door, nor am I authorising any deductions from my final wage for it. Pretty much all I can do until I get a copy of my contract