Do I need legal advice?

[Lashes&Makeup]

Hi, can anyone help ?

I was working in a salon employed to begin with then went self employed and we moved to a new premesis. The owner was never happy she still thought she was my boss and used to bitch about me etc etc you get the jist. Anyway it got abit frosty as she told me I couldn't do certain treatments anymore so I said I would probably leave but had another month left that I had paid for and also a month that I paid in the beginning which was to be used as a months notice so said I would stay until then, the day I said about leaving it got abit nasty and then the day after I went in the morning and she told me to pack up and leave. She owed me just short of £800. She gave me 2 cheques one dated for a week or so later and the other atleast a month later so the first one cleared but the second she emailed me the morning it was dated and said she had cancelled it because I had left (although she told me to go) she also said the table that was fitted in and screws left in the walls would cost her £200 to fix the room (but I wasn't given any time to sort) and other reasons such as clients had followed me. There was never a contract between us but she did give me the cheques and wrote out a letter as to what they were for, any ideas or help ? Thanks x

 

[salonfrog]

Hi, can anyone help ?

I was working in a salon employed to begin with then went self employed and we moved to a new premesis. The owner was never happy she still thought she was my boss and used to bitch about me etc etc you get the jist. Anyway it got abit frosty as she told me I couldn't do certain treatments anymore so I said I would probably leave but had another month left that I had paid for and also a month that I paid in the beginning which was to be used as a months notice so said I would stay until then, the day I said about leaving it got abit nasty and then the day after I went in the morning and she told me to pack up and leave. She owed me just short of £800. She gave me 2 cheques one dated for a week or so later and the other atleast a month later so the first one cleared but the second she emailed me the morning it was dated and said she had cancelled it because I had left (although she told me to go) she also said the table that was fitted in and screws left in the walls would cost her £200 to fix the room (but I wasn't given any time to sort) and other reasons such as clients had followed me. There was never a contract between us but she did give me the cheques and wrote out a letter as to what they were for, any ideas or help ? Thanks x

Hi

Are you a member of a body such as the NHF which includes legal help? Or your insurance include it?

You could look at going down the small claims route? Might have to google a solicitor that does that. Or Google legal aid?

Otherwise, try and go for the friendly route of trying to sort it out between yourselves? You may have to grit your teeth for this one

 

[AcidPerm]

Don't agree to go halves if she owes you money.

Contact your local advice centre for help with drafting a letter requesting payment of outstanding monies.
Also, contact ACAS regarding your employment situation as it sounds like she moved you to self employed status to divest herself of her responsibilities as your employer. If HMRC decide to investigate, she could be prosecuted and ordered to pay any outstanding wages that they decide she still owes you.

You don't need to pay for a solicitor, even if you choose to sue her in the small claims court.

 

[Lashes&Makeup]

Thanks for your help guys! Yeah she did move me to self employed because she didn't want responsibilities. What do you mean she will be prosecuted for outstanding wages ? She was always dodgy before self employed I was 50/50 with her but had set hours, uniform and made out I was employed but is now saying I was 'self employed' she's always been dodgy! I think I'll look into the small claims court thanks again xx

 

[Carlalouise]

If she wants to play dirty with you and keep your money then I would tell her that you are contacting the HMRC as you don't think you were self employed and you should have been getting a wage. If she's not stupid, you'll get your money back as she knows the way she's running her business is illegal and the tax man takes a very dim view on people who try to put employed people in the self employed bracket.

Good luck!xx