Dilema, can I sack her?

[salon beauty]

hi geeks, im looking for advise!
ive taken over a beauty salon 4 weeks ago of which i previously worked in, as the old owner didnt want it anymore.
I almost didnt get to do this, because of my financial situation, but the previous owner stepped in and helped me with first months deposit of salon and sold me everything in the salon but i pay her back monthly.
so we got a contract drawn up for repayment, saving her having to sell stock ect and knock down walls ect to the shops original state before she leased it.
her 17 year old daughter was working there before on reception and ive kept her on, shes qualified in waxing and eyelash extentensions.
this is where my dilema begins..
its been four weeks now and things arnt working out..
her appearance isnt great to say the least, she puts things that she can do in my column and when i ask her why she didnt do it she says because 'she not very good at it' and she can do an eyebrow wax but not a reshape?? and they might not rebook because shes '****e' !!
also she refuses to do male clients and says i cant force her to? which i obviously cant and wouldnt, but she cant pick and choose clients!!
if someone walks in with bushy brows she trys to get out of it also!!
i have male cients in the salon and didnt even think this would be an issue until now..
i havent drawn up a contract yet, and as her mum helped me out and i wouldnt even have the salon if it wasnt for her mum i feel reallllly bad, but i dont want keep her in the salon anymore.
she also undermines me at times and constantly refers to when 'her mum' had the salon ect and it just doesnt feel like its mine whilst shes there..
if it wasnt for her mum she wouldnt be..
i want to let her go but dont know where i stand legally and if i should call her mum to explain this before i let her go OR let her go and call her after to explain why i did so??? i do feel i would have to speak to her mum as i dont want any bad feelings... and can i even legally let her go??? is it unfair dissmisal???
i have big plans for the beauty salon and she just not the right candidate.. i would realllly appreciate ur advise!!! xxx

 

[fozzyo]

Look into the Federation of Small Business or your insurance provider for a Legal Helpline. They will be able to advise on the legal situation with regards her employment.

I think I would start with a reviewing the employment contract, maybe make up a small "Employee Handbook" - this can be just a few pages outlining standards, how clients are handled, how calls are handled, how the phone is answered etc. This can then be used as a measure for performance. You have provided written advice on what you expect from your staff.

Then go from there.

Mat

 

[Debs001]

You need to get firm! It's nothing to do with her mum anymore and you have a contract stating that your paying for the items in the salon (don't know if it's worth the paper it's written on tho, depends what type it is). She has to know you are now her boss and she has to do the jobs YOU give her and not cherry pick the ones she can be a*sed to do. Of course, all this depends if she is your receptionist or your receptionist/beautician. You need to make it all clear and not accept her behaviour anymore, state clearly what her job entails, how you expect her to present herself and how you expect her to deal with customers. She prob had it easy with her mum but youre not her mum and she needs to grow up and realize how things work in the real world. It may be she finds a job elsewhere or she actually pulls her finger out and becomes a valuable member of your team. Either way it's now up to you to make it clear what your going to accept.

 

[tigi]

i would also consider speaking to acas who can also advise you on employee rights and your rights. I have always found them to be very helpful.

tigi
xx

 

[unas escarlata]

Congratulations on your new business venture. It is a time that should be really exciting, but change is really difficult and I'm sure it must really grate when it's always Mum did this and Mum did that....

You have just taken over the business so how about taking the opportunity to rebrand? Buy tunics for all your staff, get them logoed and have a chat with all your staff about promoting your brand, professionalism and playing the team game.

Could you send your receptionist/waxer on a refresher course, this may motivate her to do better? The staff will be protected by a legislation called TUPE so despite you not issuing contracts, the terms of their previous ones will stand so you will need to look at the disciplinary procedure. If she is failing to work according to the prescribed standards (turning work away and refusing to treat certain clients) she is acting in breach of her contract and could be disciplined and subsequently dismissed. This won't be easy or pleasant but as a business owner you need to be prepared for this sort of stuff I'm afraid.

Good luck, let us know how you get on....

 

[Redchick]

You need to be careful and correct legal advise before you do anything. ACAS have a fantastic helpline.

Home - Acas

Maybe you could make her redundant? That way you could explain to the mum you want to build the business and at a later date employ staff. Not sure what the legalities are, might be a possible way round.

 

[Debs001]

One more thing, does she even have a contract with you? If not it's a case of shape up or ship out!

 

[Aromababy]

Congratulations on your new business venture. It is a time that should be really exciting, but change is really difficult and I'm sure it must really grate when it's always Mum did this and Mum did that....

You have just taken over the business so how about taking the opportunity to rebrand? Buy tunics for all your staff, get them logoed and have a chat with all your staff about promoting your brand, professionalism and playing the team game.

Could you send your receptionist/waxer on a refresher course, this may motivate her to do better? The staff will be protected by a legislation called TUPE so despite you not issuing contracts, the terms of their previous ones will stand so you will need to look at the disciplinary procedure. If she is failing to work according to the prescribed standards (turning work away and refusing to treat certain clients) she is acting in breach of her contract and could be disciplined and subsequently dismissed. This won't be easy or pleasant but as a business owner you need to be prepared for this sort of stuff I'm afraid.

Good luck, let us know how you get on....

This is an excellent idea and you don't have to spend a fortune on tunics either, loads of suppliers do deals on bulk orders and someone is often having a sale.
You need to just be firm and stand your ground as at the end of the day, you are god now and it is your reputation on the line. Clients will pick up on her bad attitude and the bad atmosphere.
If you have a legal agreement with her mum regarding the salon euipment etc then I wouldn't worry too much about ruffling her feathers, there is no sentiment in business. Take her to one side for a serious talk, call it a staff review if you like. Ask her how she thinks she is performing and where she thinks she needs to improve, what her strengths are etc. Then give her your feedback. Give her a months trial and tell her you will help her if she cleans up her act. Otherwise you'll have to get all Alan Sugar on her lol. Good luck with it all. X

Sent from my GT-S5830 using SalonGeek

 

[kerrielou26]

Sack her! from what you have said they are all legit reasons to get rid of her. U have the salon now not her mum. If you dont, she knows she can do what she likes and you'l just take it. Time to show her whos boss. I would have a word with her mum too before you do it an say all those reasons above an why you just cant keep her on

 

[Redchick]

Unas, good one for bringing up TUPE. Left the office for so long I'd forgotten about that point

U can't sack her right now. In order to do so you need to follow correct legal procedures. IE written warnings, disciplinary action, gross misconduct etc.

She is legally protected by TUPE regulations, google TUPE. Basically she is now employed by you under the same terms and conditions her mum employed her by. Legally you have to honour her previous contract.

A friend was TUPE but they chose voluntary redundancy when it was offered.

 

[EMMA AT ELITE]

Great advice given.
Does she make a good receptionist?
If so could you just keep her on reception, say to her you cant afford for her to choose what clients & treatments she wants to do, you need a therapist that is fully competent in all treatments & happy to do all clients, therefore if she would like to stay working here you can keep her on a receptionist only - how would that sound?
Total guess but was she receptionist to start THEN decieded to do a couple of beauty courses?
I bet really you would like a fresh start with her not there, unfortunatly employees have so many rights! (That is why I would never want any) :lol:

 

[EMMA AT ELITE]

Congulations on your new business venture though, that must be amazing x

 

[jacquelineanna]

She's 17 years old and her Mum no longer owns the salon, maybe she's feeling a bit scared and exposed.

Give her 6 months and try to help build her confidence and train her to be what you want her to be and to behave in the manner you would prefer. Explain the importance of her role on Reception - phones, diary, attitude, and customer service.

Have one to one's with her and the other staff and then all the staff together so everyone knows what you expect from them and they know there is support from you to ensure they can all be the best they can be.

Anyone who fails to come up to the standard (with your help) will eventually need to go through whatever process is required to be terminated.

Her Mum has really helped you and it would be a nice gesture if you spoke to her about the daughter and let her know that you have a 6 month plan for her. Stress that its up to the daughter herself whether she fails as you will be doing your part to make sure she succeeds.


Jacqui xx

 

[salon beauty]

thanks for all ur advise!! this is the first time ive posted and wasnt sure what response i would get so thankyou for all ur comments
i will give acas a ring in the morning! just to say she had no contract with her mum as she wasnt employed or getting payed an hourly rate as such.. so there was no previous contract for me to oblige to?
if her appearance was up to scratch and she was good at cleaning etc i would keep her on but this is unfortunatley not the case.. also the fact she is unwilling to do a simple eyebrow wax on a male client (as her boyfreind doesnt like it, although she would say thats not the reason) and the fact that she is so limited to the teatments she is able to do, along with openly admitting shes not very good at it, combined with other aspects (not very proffessional, appearance wise and just wants to sit down all day) i just dont want her in the salon
its been just me and her working in there so far (along with a friend helping out) and im so busy doing all the treatments i dont have much time to do 'management' tasks as she not helping 'lift the load'... i simply cant justify paying her a wage, when i could employ someone who uses their innitiative of things that need to be done without asking and actually enjoys being a beautician!!! :|
also im going to employ another beautician next week and im thinking that this will cause her to just stick all treatments in the new girls column ect ect....
im really intrigued as to what her rights are as to refusing male clients tho as its never been brought up in any interveiw ive had, u just do it witout question?! where do i stand on that?!!

 

[Flutterby]

Have you considered giving her a formal warning of some sort? That could be enough of a kick up the backside to make things better, or maybe she'll be so offended by being treated like the rest of the world that she'll move on, maybe with her mum?! At least by giving her a warning she knows you're serious about her bucking het ideas up and there's a risk you could sack her if she doesn't.

Good luck whatever you decide.
X

 

[EMMA AT ELITE]

just to say she had no contract with her mum as she wasnt employed or getting payed an hourly rate as such.. so there was no previous contract for me to oblige to?

In that case, how can she have any rights?
So, am I right in thinking you then give her cash in hand per day she works or at the end of the week?
If that is the case cant you just tell her a white lie & say Inland Revenue have been on to you & you will have to let her go as she is not "legal" hense not paying any tax - & if anyone finds out she will probably get a fine of a back payment of tax to be paid? - that way you are letting her go but it sounds like you are doing it for her own benefit!

I understand where you feel loyal her Mum, but this is now your business that is a risk & that comes first - goodluck, be strong x

 

[salon beauty]

In that case, how can she have any rights?
So, am I right in thinking you then give her cash in hand per day she works or at the end of the week?
If that is the case cant you just tell her a white lie & say Inland Revenue have been on to you & you will have to let her go as she is not "legal" hense not paying any tax - & if anyone finds out she will probably get a fine of a back payment of tax to be paid? - that way you are letting her go but it sounds like you are doing it for her own benefit!

I understand where you feel loyal her Mum, but this is now your business that is a risk & that comes first - goodluck, be strong x

Hi, I'm paying her on the books so can't use that as an excuse, but I have contacted acas and they've told me I can't discriminate against men and as she is saying she is refusing to carry out her duties as a therapist I can terminate her employment. Im going to have a chat with her later on today and was thinking maybe I could just offer her two days a week on min wage so she still is working in the salon, and I wouldn't feel so bad but I feel as tho I'm condoning her refusal.. I will keep u all posted on the out come, thank you for all ur advice!!! xxxx

 

[unas escarlata]

This is going to come across as really harsh when it don't necessarily mean it to be but you are the boss now and you must act as such. By allowing her to stay on 2 days per week, in a tiny way she is allowing you to dictate terms. This is unacceptable. You've had this business five minutes and already one of the staff is causing you anxiety and stress. This is an opportunity to start with a clean slate. Get rid.

Lecture over, good luck sweetcheeks. Keep us posted. xx

 

[Redchick]

Wiv unas again lol

She clearly doesn't care about your business so trying to be nice back might bite you on the arse.

You need to have a serious discussion of what her job role involves. She is currently not fulfilling her duties. She needs to do her job or go.

What if she hates you for it? By keeping her on 2 days a week u are allowing her the chance to sabotage ur business. Ur business is only as good as the staff u have. Carrying dead wood could cost u dearly in the long run.

Business is tough. If u can't get rid of her now u might feel able to at a later date when u have had enough.

Good luck wiv whatever u decide x

 

[Popart]

What I say now someone could of said before, I was gobsmacked by this and rushed down to the bottom to reply!

Firstly are u paying her?
Does she have a contract?
Are you not meant to be level 3 trained before working in a salon?

So here you go!

a) you cant afford her
b) no contract, on yer bike!!
c) She doesnt have the qualifications and seems to be more of a hazard than anything!!

Im having a bit of trouble with a trainee gona nip it on the bud today!

We dont have room for time wasters, we need to make our business not drag it down by these worthless people who dont want to be here in the first place!
End of the day that wee girl didnt have to go round interviewing for jobs, she walked out her front door and straight into her mums business!

I wouldnt be bothered with that!

Let me know about contract and so on so we can talk more about this!

I was a legal secretary before beautician so I know the drill

xxx