Advice please! Soliciting clients

[Mary Kate]

Hi Salon Geeks,

This is my first post so apologies if it's in the wrong forum.

I need some advice. I own a hair and beauty salon and have found out recently through various friends of friends etc that one of my staff members has been soliciting clients. The staff member has been taking clients that she's met in the salon and asking them to come to her house for treatments at a cheaper cost.

I don't have any actual evidence as none of these clients will ever tell me that they now go to the girls house but I do know this is happening. I can see myself from people files that they were coming to our salon regularly and now they've disappeared.

This girl has been an employee for years so I am quite shocked but I need to do something. This could be ruining my business.

I do have a staff contract with everything in it. Do I need to go through the disciplinary procedure or can someone just go straight away?

Any help would be great.

Thanks,

Mary Kate

 

[Misslizi]

It would depend on your contract and whether you've listed this behaviour as gross misconduct. You could suspend the employee whilst you investigate the claims then invite her to a disciplinary meeting to discuss the evidence you've found, normally you would give 24 hours written Notice for the hearing, list the possible outcomes in the letter and advise they are allowed a witness. Have someone note take during the hearing and get the employee to read and sign the notes once meeting finished (documenting times etc) All these areas would back you up if she ever decided to take you to a tribunal so I would suggest doing it all by the book and getting some evidence. This is only based on the hearings I conduct ( I work in an office as well as spray tanning) and all the above information was given to me by HR. hope to help x

 

[Lynne Baker]

Before you do a single thing contact an HR company and check that your procedures are absolutely in order. If you accuse your staff member baselessly she could make your life a misery and cost you a lot of money.

 

[Tomme]

It would depend on your contract and whether you've listed this behaviour as gross misconduct. You could suspend the employee whilst you investigate the claims then invite her to a disciplinary meeting to discuss the evidence you've found, normally you would give 24 hours written Notice for the hearing, list the possible outcomes in the letter and advise they are allowed a witness. Have someone note take during the hearing and get the employee to read and sign the notes once meeting finished (documenting times etc) All these areas would back you up if she ever decided to take you to a tribunal so I would suggest doing it all by the book and getting some evidence. This is only based on the hearings I conduct ( I work in an office as well as spray tanning) and all the above information was given to me by HR. hope to help x

Well said, but I just want to point out you can state the witness/person with them may only be a member of staff or a representative from their union.
And I agree, depending on the results and your contract you may be able to dismiss instantly.
I can't remember the wording but I'm sure something like "any and all of the listed may be escalated to gross misconduct dependant on severity).

If its one person then maybe it was a mistake and they slipped up, 2 or more isn't usually an accident.

Also check your contract for outside of salon work. Whats the distance they must be to work out of the salon?

Is the person self employed?
If so and said client was booked to them I don't know where you would stand.
Xoxo

 

[Mary Kate]

Thank you for all the help.
She's not self employed. She works for us and we do have everything in the contract. Unfortunately, its a lot more than once. Its countless numbers of people.

I'm going to call the employment rights and ask a few questions. It's just that I don't have hard and fast evidence, as in I havn't a confirmation from clients that have left but its definitly going on.

 

[Male Waxing]

Issue a letter to all staff (not naming any names) stating that if any member of staff is engaging in that kind of practice there will be trouble. She'll know it's refering to her and it may scare her a bit. Then go formal if that doesn't seem to work.

 

[Tomme]

Issue a letter to all staff (not naming any names) stating that if any member of staff is engaging in that kind of practice there will be trouble. She'll know it's refering to her and it may scare her a bit. Then go formal if that doesn't seem to work.

Agreed.

"To all members of staff, please note soliciting clients for your personal gain from the salon is against terms of your employment and is deemed as gross misconduct which will result in immediate dismissal. Anyone found to be doing such practice will be asked to immediately leave the premises and will not receive a reference for future employment"

Legally you can not give a bad reference, so refusing to give one is your next best to shouting "don't take them on" to their next employer xoxo