Self employed with no insurance!

[Scully69]

Hi can anyone help please? I took on someone as self-employed in my salon and explained from day one they would be responsible for their own tax and insurance and they would need their own separate insurance to cover treatments they would be doing. However, a customer had a reaction and is now suing. It turns out she didnt even get her insurance in the end and now they are trying to sue me. As far as I was aware, when self-employed, it is their own separate business within the salon and entirely their matter. Please advise. Thank you x

 

[Balance Andover]

Do you have a written agreement with the therapist that she would be responsible for her own insurance?

Have you spoken with your own insurance company?

I really hope that you can get this resolved :hug:

Michelle

 

[sarahlou09]

Do you know if she is registered as self employed??

Hope you get it sorted :sad:

 

[squidgernetball]

It depends how 'self employed' she is. Can she choose her own hours, work when she wants, take time off if she doesn't want etc etc. I was told that a lot of people SAY self employed but mean employed but without contract, so maybe a percentage share of treatments, no holiday pay, and only paid when they work, but not strictly self employed. I'm not having a go - just trying to clarify. A lot of salons ask for proof of insurance when someone else works there, to avoid this problem. Good luck x

 

[Baggybear]

If she is self employed and has no insurance the client will have still have a right to sue the therapist personally, the therapist will be personally responsible to cover her slicitor costs, her court costs and for paying any judgement made if the court find against her rather than the insurance covering her.

If I were you I would contact my insurance provider and check with them what they want you to do but I would expect their answer to be that you need to explian to the client that is trying to sue, that you are just the therapists landlord and therfore she will need to sue the therapist personally as it is nothing to do with you.

 

[Scully69]

She was totally self employed i.e. chose her own hours, days, time off, dress code, etc. She didnt want to sign a contract and I have looked it up since and a verbal contract is sufficient. Yes, she was registered as self-employed and paid her own tax and insurance. I have looked into it and as she was self-employed it's classed as her own business that just happened to be 'within' my salon but that she is 100% liable so I don't get why the solicitors are coming after me :cry:

 

[Baggybear]

She was totally self employed i.e. chose her own hours, days, time off, dress code, etc. She didnt want to sign a contract and I have looked it up since and a verbal contract is sufficient. Yes, she was registered as self-employed and paid her own tax and insurance. I have looked into it and as she was self-employed it's classed as her own business that just happened to be 'within' my salon but that she is 100% liable so I don't get why the solicitors are coming after me :cry:

Check with your insurance provider (to be 100% sure your giving the correct information) and then tell the solicitor they need to chase the self employed therapist as you are just her landlord and she is liable for all the treatments she did.

 

[Scully69]

Do you know if she is registered as self employed??

Hope you get it sorted :sad:

Hi yes she was definitely registered as self-employed. I saw the paperwork and she was here filling out her tax return x

 

[Scully69]

Check with your insurance provider (to be 100% sure your giving the correct information) and then tell the solicitor they need to chase the self employed therapist as you are just her landlord and she is liable for all the treatments she did.

Hi yes I have done but I just received a letter today from the solicitors to say they know where I live and that I own my home and they will take any money from there! I'm fuming :evil: She must have told them that and that is bang out of order.
She was told to get insurance from day one and when the incident happened she then told me she didn't get it sorted but went home that night and bought it but obviously too late then! I think the solicitors are coming after me as they know they'll get payment from me but it's not my fault so im just at a loss what to do :sad:

 

[squidgernetball]

Really feel for you! Good luck x

 

[Chickafish]

Was this letter produced after you've spoken to them or before?

 

[Scully69]

Really feel for you! Good luck x

Thank you x

 

[Scully69]

Was this letter produced after you've spoken to them or before?

I spoke to the solicitors last year and explained she was self employed and told them to get in touch with her directly. I hadn't heard anything for ages so assumed it had been sorted. Now today I get this letter saying they are taking me to court and she's told them my address and that my house is owned and they say they will take money from my assets if they get no joy through my solicitors but she is liable not me so I dont know how they can do this :sad:

 

[Baggybear]

I spoke to the solicitors last year and explained she was self employed and told them to get in touch with her directly. I hadn't heard anything for ages so assumed it had been sorted. Now today I get this letter saying they are taking me to court and she's told them my address and that my house is owned and they say they will take money from my assets if they get no joy through my solicitors but she is liable not me so I dont know how they can do this :sad:

You should ring your insurace company and tell them what you have received and let them deal with it. Just remember you don't know what she has told them, it may all be lies that can be cleared up quite quickly.

 

[Scully69]

Yes she was defo registered as self-employed...

 

[AcidPerm]

Some unscrupulous firms write letters that 'appear' to have some legal standing but are simply empty threats. They have no legal authority to investigate your assets and demand payment from you.

Only a court can do this, and they will look closely into the contractual relationship you have with the other party before making any decision as to liability.

I would initially write a letter to the solicitors stating that you are a separate business entity and not responsible for the services provided by X.

You don't need to say anything else or defend yourself at this stage but just sit tight.

If they write back or threaten to begin court proceedings, speak to your insurers and speak to a solicitor.

I bet they're a 'no win-no fee' outfit...:irked:

 

[Tomme]

This is awful. As you are now getting the letter contact your insurers, tell them everything and leave it in their hands, have a glass or 5 of wine and chill out knowing nothing will happen toward you. X

 

[HanVC]

take a deep breath first and write an account in chronological order of everything that's happened. My head darts all over the place when I'm angry or upset and I scrawl everything on a blank piece of paper on a mind map/brain thingy and the date or even 1,2,3 etc and then it can fit into your account easier. Are you a hair salon that offered beauty via this therapist or did you offer treatmentsat some point before hiring her. This will help your insurer understand your position.

Please, please go to your insurer. You pay them for instances like this! Don't worry about what you could or should have done or feel embarrassed, it seems that you are a very trusting person and had an unfortunate experience with someone who doesn't seem to take responsibility.

The solicitors are trying to recoup any costs that they or their client may incur. If the business she ran was in her own name and you are not registered at companies house with anything to do with that company name then they can't take anything from you, even if it was joe blogs beauty at your salon name they still, I don't think, can come after you, but again your insurers legal team will advise.

Your insurer will want to minimise any cost they may have to pay out so will help you in anyway they can.

Try not to worry too much even though its easier said than done, it's sad that this situation occurred and really do feel for you, I hope this helps. Sending hugs xx

 

[Scully69]

This is awful. As you are now getting the letter contact your insurers, tell them everything and leave it in their hands, have a glass or 5 of wine and chill out knowing nothing will happen toward you. X

Ha yes everything seems better after a drink lol! I have already been in touch and my insurers wont do anything as I'm not insured for self-employed staff. I just don't get why they are coming after me? :irked:

 

[Scully69]

Some unscrupulous firms write letters that 'appear' to have some legal standing but are simply empty threats. They have no legal authority to investigate your assets and demand payment from you.

Only a court can do this, and they will look closely into the contractual relationship you have with the other party before making any decision as to liability.

I would initially write a letter to the solicitors stating that you are a separate business entity and not responsible for the services provided by X.

You don't need to say anything else or defend yourself at this stage but just sit tight.

If they write back or threaten to begin court proceedings, speak to your insurers and speak to a solicitor.

I bet they're a 'no win-no fee' outfit...:irked:

This has been going on since last year! I have been in touch with everyone and I am not covered by my insurers for self-employed staff and it's not a legal requirement to tell customers that the therapist is self-employed, even though the solicitor said we should have made her aware. As we didn't tell her, she thought she was entering into a contract with the salon and that's why they are after me now! I think they are just trying to get money from where they can but to threaten to take my home is bang out of order and I was really upset and now I'm fuming they can do this to people :evil: