Changing from salary to commission...

[BeautyBombshell]

I shall start from the beginning...

I started in a brand new salon when it opened about 18 months ago.
I worked for 6 months, broke a bone in my wrist and left for 6 months.
When it was healed I came back to work and have now been working there again since last July.

When i returned after my injury it was agreed i'd earn the same salary i was on previously. i signed my contract about 2 months ago confirming this.

Recently my boss asked if i'd be willing to pay for my own eyelash extension training. I said yes on the understanding that i get commission for this service (as i have previously paid for nails and wet shaves and recieve no commission for these). To this she replied 'oh i was going to make you commission based soon anyway'. she also mentioned it again yesterday.

we have just taken on a new beauty therapist who is commission based because thats what she was on in her last job.

I'm concerned that i will not earn as much on commission as I am at the moment because now i am sharing clients with the new therapist. i do not want to be commission based i like having a steady income.

Can my boss make me change to commission? She's mentioned she has rates and expenses to pay etc. And the new therapist takes home less than me because she is commission based.

It appears to me my boss thinks she can save money, and as far as im aware she isnt asking all staff to go commission based, just me.

So after this essay ive written you, basically I'd just like to know if she can make me go commission based and will i be out of a job if i refuse?

Thankyou for taking the time to read and/or reply!

xxx

 

[Velveteen]

Can my boss make me change to commission?

No, she can't. And from a legal viewpoint, your employer must be very careful in how she takes on self employed contractors.

will i be out of a job if i refuse?

Legally, no. If your boss sacks you then she may well be in breach of contract at which point you have legitimate grounds for complaint and possible compensation.

She's mentioned she has rates and expenses to pay etc.

Big deal. That's par for the course in business.
That's not your problem/business, that's hers.

And the new therapist takes home less than me because she is commission based.

Again, big deal. That's not your problem/business, that's hers. She's not an employee, she's an independent contractor with different conditions - nothing to do with you whatsoever.

 

[persianista]

If you have been at the salon in CONTINUOUS employment less than a year, she can sack you saying she cannot afford you.

 

[BeautyBombshell]

i have worked there for 13 months over the last 18 months, so not continuously. but can she sack me for not being able to afford me even though shes taken on a new therapist?

Thankyou for your advice x x

 

[persianista]

Yes she can as the employment has not been continuous.

 

[kimi1101]

is it commission only, or a wage and commission? I would chat with her, tell her your concerns etc. out of interest did you leave voluntarily when you broke your wrist? you would have been eligible for statutory sick pay if you hadn't left the salon. x

 

[BeautyBombshell]

i left voluntarily, i had a few weeks off but was the only therapist so when i came back was booked up with massages etc i just couldnt do it properly.

it will be a basic wage then commission on whatever money i bring into the salon above that amount.

sorry, should have said that before!

xx

 

[persianista]

Basic plus commission is a step upwards from just a basic wage surely? If you are getting a basic, then she is not making you self employed or anything risky like that. She has judged that you are at the stage that you should be earning commission as well as your normal pay.
Maybe you should quit moaning and start smiling!!!!!!

 

[BeautyBombshell]

apologies, i didn't made myself clear. i'm on a good salary, she wants to decrease that to a basic wage then give me 5% commission. therefore i can't see how i could possibly earn as much. i have checked this so im not just assuming.
trust me i wouldnt be moaning or asking advice if i thought id be getting more money thats obviously crazy.
thankyou all for the advice, i appreciate it.
xx

 

[kimi1101]

try to work out what on average you take each week. then work out what your new wage will be, and explain this to her...if its not as much tell her why you are disappointed. I did this in my old job and was told "if you are looking for more money you arent getting it" (after getting a 15% pay cut i wasn't happy about)....If you tell her how you feel then she wont be surprised if you leave cos your pay is less.

 

[Velveteen]

She can't just decrease your wage because she wants to cut costs. Just as she can't sack you just because she feels like it. There are employment laws in the UK that are very similar to Australia's that protect employees from this sort of carry on.

Likewise, if she sacked you she would have to provide conclusive proof of not being able to afford you. As you point out, that she has taken on a contractor to take on the extra business and decrease your heavy workload would move some way to go against this premise. And if your employer asks you to sign a new contract which says that you are self-employed rather than an employee, signing the contract does not mean that you then become self-employed. This is because the status of employee and self employed depends on the relationship between you and your employer and what you actually do in the workplace, not what your employer says.

While some may consider a commission a step up, don't forget there is a tax liability on commissions which may affect your tax status. As you are an employee, you cannot be made to accept that liability. However, you will have to declare that as income when you do your tax return.

In such times of uncertainty, I'd be keeping a notebook handy. In it, I'd keep records of what has been said or what you've observed with times and dates etc. This would help you should you have to seek advice from your citizens advice bureau or enter into negotiations with your employer.

Keep your chin up.

 

[persianista]

Velveteen, anyone in the uk can be sacked if they have not had a year of continuous employment.
It is all very well giving someone advice to "stand up for themself" no good if she gets the sack. Jobs are few and far between at the moment, and from what I read on here, she is offering the industry norm.
The days of staff making demands are over at the moment.If the owner is not making a profit from you, then this may be her way of safeguarding your job. You need to talk honestly to her and find out.

 

[BeautyBombshell]

Thankyou all for the advice, it has been much appreciated.
xx

 

[bombini]

If I were you I would go and see the citizens advice.

It really doesn't sound right to me at all. I have never employed anyone nor do I own a salon so im no expert but I can't believe she can just sack you because you won't accept a lower wage yet take on another therapist at the same time !

Have a look at this page, there is a section about unfair dismissal under 12 months.

Acas - Dismissal

A few years ago I started working at a brand new hotel spa which was taken over after a couple of months. The management decided they couldn't afford a beauty manager & a leisure manager so decided to get rid of the beauty manager. She told us that they couldn't sack her so they had to make the position redundant which they did. So im wondering if they couldn't sack her, how come your manager could sack you ?

 

[kimi1101]

Employees have the right not to be unfairly dismissed. In most circumstances you must have at least one year's continuous service before you can make a complaint to an employment tribunal. However, there is no length of service requirement in relation to 'automatically unfair grounds'. Also, the requirement is reduced to one month if you claim to have been dismissed on medical grounds as a consequence of certain health and safety requirements that should have led to suspension with pay rather than to dismissal.

That is C+P'd from the page you just posted. The employer can simply say, its not busy enough, etc etc whereas after one year there are proceduces you must follow. Although there is no restriction on the length of time before it can be deemed as unfair, you can't take it to a tribunal if its less than 12 months. She can be sacked/made redundaant at 9am and a new therapist employed at 9.01am. I went through this in January as I was worried about laying a member of staff off, but was told by my employment lawyer I could employ someone else for the same job the next day if I wished. Its not necessarily fair but you have very little help in the first 12 months of employment. I gave you my advice in an earlier post. x

 

[bombini]

There was a section in the 'automatically unfair' page that I thought might apply as it covered pay & working hours under 12 months.

Also why has she taken on a new therapist if she can't afford the one she's got ?

 

[kimi1101]

No i dont mean shes taken someone else on, i just mean, she could easily sack the OP and employ someone else who is happy wth the wage structure if the OP made a big fuss. My advice was just to talk to the boss, ask whether she'll be getting more or less based on what she is bringing into the salon at the moment etc. I didn't see that part in the link, sorry x

 

[BeautyBombshell]

Thank you so much, you've all really helped me understand the situation better
xx

 

[SusanEvian]

Times have changed the employer now has a lot of power, in the current climate. Citizens advice will laugh.

A few years ago you could not cut someones hours and wages, easily... now "for operational circumstances" the employer can do just this.

Su x