Can I deduct from wages?

[Geminikelli]

Hi geeks

Literally have 2 mins spare so will be brief as poss.

I have taken on two new girls and need to issue their contracts this week to fall into 8 week period of issuing.

I have had some serious problems with having to redo free of charge shellac and gel nails which have peeled chopped and come off within days.

Now the issues have been sorted through retraining etc etc but as I'm about to issue contracts can I put a clause in that if there work is needed to be redone FOC can I deduct from their wages?

Two reasons 1 being I can't afford to keep doing this and 2 am Hoping this will make them aware of what they are doing each treatment and really think about it.

I had 3 days off last week to go on hold and came in today to find out that a spray tan that was done during this time was complained about the following day as the lady had a long white patch down her leg as I was not there it was taken upon senior member to offer to redo that bit and she also gave her a free tan voucher! Am not happy bout this and obv will be having words with the girl who did it but am getting fed up of taking the cost of their mistakes.

I have a meeting scheduled Tomo with all staff and having one to ones with new girls and basically coming down hard on them and need to decide whether I will keep them on but want to go int meeting fully armed with new procedures etc.

So basically does anyone have any advice how I can go about this or can i legally do it?

Thanks sorry for poor grammar etc x

T

 

[fallonst23]

I don't see why this would be a problem even if you just look the costs for the products it will make them more aware of completing the treatment correctly

Defiantly something that I would put in a contract ;-) x

 

[Tinxy]

Speak to ACAS or an HR consultant to see where you stand legally on that...

The tanning thing may not have been the tanner... if they left the salon with a white stripe then surely they would have noticed??? I always ask my clients to check "can you spot anywhere I've missed or you want me to go over again for you?" - if you have a mirror they can definitely see the back of their legs!

The nails - I don't do nails so hard to say if this could happen without it being operator error so could be very unfair if it's not their fault 100% - could get tricky if you start subtracting the cost of the treatments from their salary so I would definitely get that cleared by someone well versed in HR matters on a legal level.

 

[Geminikelli]

Speak to ACAS or an HR consultant to see where you stand legally on that...

The tanning thing may not have been the tanner... if they left the salon with a white stripe then surely they would have noticed??? I always ask my clients to check "can you spot anywhere I've missed or you want me to go over again for you?" - if you have a mirror they can definitely see the back of their legs!

The nails - I don't do nails so hard to say if this could happen without it being operator error so could be very unfair if it's not their fault 100% - could get tricky if you start subtracting the cost of the treatments from their salary so I would definitely get that cleared by someone well versed in HR matters on a legal level.

The tan was done late fri night as we open till ten app the client called as soon as we opened sat morning and was very noticeable in daylight so def therapist error.

Nails each time has been because they were not capping but has been sorted through retraining so hopefully won't happen again but just want something in place for future complaints.

Have checked Hmrc and it says if it's in there contract I can make deductions but am gonna call Acas Tomo to confirm.

 

[Lash N Load]

Definitely seek advice.

I think you can write the term into their contracts but you will have to follow certain rules to make deductions legally:

- You must inform the employee of deduction in writing. Employee must agree to the deductions in writing.
- The deduction cannot take their pay under national minimum wage.
- Is a beauty salon classed as retail? If so, you cannot deduct more than 10% of that pay cheque.

I think you need to be very careful about enforcing this though. If you are unhappy with an employees work then this needs to be addressed separately. To start deducting from employees could have serious effects on morale. Salon standards might slip as staff start looking for jobs elsewhere...

 

[crazybek]

Im sure somewhere in my very old but original contract we had to sign a statement letter agreeing to deductions from wages but cant for the life of me think what!!!

O hang on i know what for.

Ours was if we leave within so many months of a training course paid for by the salon then they have authority to deduct a certain percentage from our earnings etc etc.

As yet (16 years in current salon!) my boss has never deducted from anyone if a sevrice carried out has come back and its been proved its staff error,however she always would go over training in detail to ensure we wouldnt make the same mistake again and we would learn from it.

If anything major ever happenens (touch wood never as yet!!) then it would be a case for insurance i guess.

Hope you find the info you need
x

 

[NailsXpress]

Where I used to work this happened, eventually. The company lost more and more girls through it, and they just ended up with the same problem occurring again and again, because all they could get were girls straight from college and not enough experience.
Bosses get angrier and angrier and then bullying starts.
If the unions say it ok fair enough. But expect to go through staff like crazy.

Sorry this doesn't help you, just stating the obvious.

 

[Geminikelli]

To be honest I don't want to deduct but want to use it as a scaremongering tactic as I'm truly fed up of working my backside off rectifying there silly mistakes x

 

[crazybek]

Do you have a manager that over sees all staff and salon when your away or do the staff just muck in together?

Is it the first time youve had complaints from the 2 new staff members?

 

[Geminikelli]

Do you have a manager that over sees all staff and salon when your away or do the staff just muck in together?

Is it the first time youve had complaints from the 2 new staff members?

No mgr this was first holiday or day off I've had in a year :-(

Girl 1 had about 6-8 and girl 2 3 so far x

 

[NailsXpress]

I can understand your dilema. I also run my own business and would hate it if I had to lose money on redoing someones work.

I think after carefully talking to them about it and explaining the situation, if they are good techs then hopefully they will be more careful.

Another way is, if they are employed by you, then perhaps instead of pay rises offer working bonuses. If they are up to scratch then they get it. If they are not or slack off again over a period of time, which you have checked on, then remove the bonus until they are up to scratch again.

Even if you don't actually do this, but talk to them about it, they will better themselves.

I guess though it is just the same as you are proposing. sorry going round in circles, its a difficult one. They HAVE to check their work before the clients leave. After a chat, if it continues, warnings will have to issued I guess.

 

[Male Storme]

Rules for making deductions from pay.

An employer is not allowed to make a deduction from your pay or wages unless:

It is required or allowed by law, for example National Insurance, income tax or student loan repayments

You agree in writing to a deduction

Your contract of employment says they can

It is a result of any statutory disciplinary proceedings

There is a statutory payment due to a public authority

You have not worked due to taking part in a strike or industrial action

It is to recover an earlier overpayment of wages or expenses

It is a result of a court order or Employment Tribunal decision

A deduction must not reduce your pay below the National Minimum Wage rate (except a limited amount for accommodation). This applies even if you have given your permission for it.

If you were overpaid in error, instead of making a deduction, your employer may try to recover the overpayment by making an application for a court order.

Agreeing to a deduction

If you have agreed in writing to a deduction then you must do this before your employer wishes to make the deduction.

For example, if you work in a restaurant and a customer leaves without paying, you must have a written, pre-standing agreement with your employer that any deductions can be made from your pay.

Your employer could ask you to sign a deductions agreement after that event, but they could not deduct any money unless it happened again. If your contract allows your employer to make wage deductions, you must have been given either:

A written copy of that part of the contract
A written explanation of it before your employer can make any deductions

Retail work: extra protection from deductions

If you work in retail (such as a shop or restaurant) you have extra protection against deductions from your wages.
If there is a shortfall in the till or stock shortage, your employer is not allowed to take more than 10 per cent of your gross wages for a pay period.
If the 10 per cent isn't enough then your employer can continue to take money from your wages on subsequent paydays.
However never more than 10 per cent at a time.
An example
There is a shortfall of £50 in the till. Your employer wants to deduct this from your earnings.
You are paid £250 per week before any deductions for tax or National Insurance etc (£250 gross pay).
Your employer can take ten per cent of your gross earnings.
They must only take £25 one week and then make another deduction from your next pay cheque for £25.

 

[JoJo1980]

Its one of those expenses we have to suck up as an employer unfortunately. At least it ensures any training issues are addressed a.s.a.p!
I would explain to the staff in a meeting that the business cannot afford to absorb the costs of continual therapist errors and that future mishaps, if they are making the same mistakes, will have to be dealt with via verbals warnings etc. In my experience, its better to get your team on yours and your businesses side - rather than punish though. Explain that if the business doesnt make the money, you will ALL be looking for jobs....
xxxxx

 

[Beansy]

Following on from the OP (JoJo) i would suggest putting a Capability policy and procedure in place. It should set out how you will support / manage poor performance but with the reality that if performance doesn't improve your disciplinary policy (warnings etc) will be used.

 

[Geminikelli]

I was thinking that rather than add to contract to issue staff all with memo explaining why I can not financially keep doing it etc etc and put in that if it keeps happening I'd have no choice but to either proceed with disciplinary actions or deduct from wages.

I will speak again in meeting but giving them something in writing to back it up.

What do you think? Xx

 

[Beansy]

A memo doesn't carry any weight, put it in writing in a policy and outline,
Why the policy exists
When it will be used
How it will be used
Who will use it
How to appeal

 

[Geminikelli]

A memo doesn't carry any weight, put it in writing in a policy and outline,
Why the policy exists
When it will be used
How it will be used
Who will use it
How to appeal

Sorry if I sound really thick lol but when you say policy would this be added into contract?

Not done a policy before x

 

[Beau-ty]

Hi there, i haven't got any employees but you might find it easier to offer incentives for good work like on their earnings assuming no complaints or re does and luckily if you retrained them to your standard you might not have any more issues - unfortunately training especially 1 day courses are not always sufficient and you learn a lot more after through trial and error and help on here! if you keep having issues then maybe the therapist just isn't made for the job and i must say spraying until !0pm she probably didn't put her full attention to it when it's not your business you don't have the same attitude x

 

[souz]

Sorry if I sound really thick lol but when you say policy would this be added into contract?

Not done a policy before x

policies are generally in a folder that you would give each member of staff when they start work and then get them to sign something to say that they have read and understood, the same way you would do your health and safety training for all new employees xx

 

[carlytaylor1986]

i am not sure if this has already been said but instead of telling off or penalising the girls who do wrong, how about create some sort of reward system for the ones that do well? i.e. bonus each month? set them targets to meet? i.e. more than 2 clients complaining a month they get no rewards, less or no complaints get a reward? could be in the form of money, a treatment or an extra day holiday over a four month period or something? or have reviews monthly and say to staff if they continue to do well they can expect their salary to go up to £xx per hour? and will be reviewed again next month?

do you have them on a probation period? if so, maybe extend this and put that in writing and explain why you are extending their probationary period, give them time to improve and if they don't, you can get rid of them at the blink of an eye if they are still in their probationary period with no questions asked and no potential legal battles? x