Employee leaving on maternity leave

cooey

New Member
#1
Hi, I have an employee who is currently on maternity leave. She told me a week ago she's going to set up a mobile business and not come back. Ok I get it.
But I also know she has all( or most) client mobile numbers, is friends with them on Facebook, and today has launched her Facebook business page inviting people( which includes a lot of our clients) to like her page, and write a comment about her.and using some salon photos to advertise also. What do u guys think? Should I be mad? Is it none of my business now what she does? I want to tell her this is not acceptable as its clearly attempting to poach our clients, but do I have a leg to stand on? Anyone else had this " facebook" problem where clients are friends with your staff, then staff leave and can tell your clients in one fell swoop of their new venture?
I'm just feeling cross and need a bit of a vent. It's hard being a boss! All u fellow bosses with know I'm sure!advice please x
 

#2
Hi, I have an employee who is currently on maternity leave. She told me a week ago she's going to set up a mobile business and not come back. Ok I get it.
But I also know she has all( or most) client mobile numbers, is friends with them on Facebook, and today has launched her Facebook business page inviting people( which includes a lot of our clients) to like her page, and write a comment about her.and using some salon photos to advertise also. What do u guys think? Should I be mad? Is it none of my business now what she does? I want to tell her this is not acceptable as its clearly attempting to poach our clients, but do I have a leg to stand on? Anyone else had this " facebook" problem where clients are friends with your staff, then staff leave and can tell your clients in one fell swoop of their new venture?
I'm just feeling cross and need a bit of a vent. It's hard being a boss! All u fellow bosses with know I'm sure!advice please x
Is she an actual employee on paid maternity leave?
Was she being paid by you as an employee when she did the work that she's using pictures of?

Vic x
 

Haircutz

Super Moderator
Staff member
#3
In addition to Vic’s questions above, did you give her a written contract of employment that included clauses about accessing confidential client data and your policy regarding posting on social media.

These are the things you must get a handle on when employing staff.
 

cooey

New Member
#4
Hi, Yes she is an employee, on paid maternity leave. And all pictures of work done whilst working with me. I do not have a clause about social media, or client data, but I surely will do now. I wasn't aware that this was a thing to have a clause about, but of course it makes sense. X
 

#5
Hi, Yes she is an employee, on paid maternity leave. And all pictures of work done whilst working with me. I do not have a clause about social media, or client data, but I surely will do now. I wasn't aware that this was a thing to have a clause about, but of course it makes sense. X
I think you could argue that she can't use pictures taken whilst employed by you in your salon. That is totally reasonable. Is she not coming back at all following maternity leave? If not, does this reduce your costs?

She should legally only be allowed to access clients data if it's to do with an appointment at the salon. Clients didn't give their information for her to contact them and say she's moved/ going mobile or whatever. Her using details in this way is a serious breach of GDPR and I would threaten to report her.

I'm afraid that the mistake you have made is not keeping everything central. One salon mobile phone that is used to contact clients. It should never be done from a staff personal phone. That's why I questioned if she was employed. If she has taken numbers from the salon and put into her phone I would throw the GDPR book at her.

Moving forward I would suggest you contact the NHF for staff contacts and advice. They also offer legal advice.

Good luck. Employing staff well is SO hard.

Vic x
 

cooey

New Member
#6
Hi, thanks for your reply. Well yes it will save me a hassle of finding hours for her, so in a way it's a blessing, as I've had to hire 2 part timers to fill her space. We have a business landline, so there was no need for her to ever have used her phone to obtain numbers but this was all done whilst I wasn't there. ( I work part time ,have 2 kids). With regards to employee contracts, is there a template you guys use specifically for salons? Or have u just added your own clauses through experience? I have used a generic template previously but this isn't including everything I need. Yes, I love my salon, love working in it, and these issues I guess are a learning curve
 

#7
I use the NHF templates. You can adapt to a degree but they obviously still need to be legal. At least with them you're covered x
 

Haircutz

Super Moderator
Staff member
#8
With regards to employee contracts, is there a template you guys use specifically for salons? Or have u just added your own clauses through experience? I have used a generic template previously but this isn't including everything I need.
Be careful when adding your own clauses to generic contracts. If you’re not legally trained and don’t write them using the correct terminology, it’s likely that they won’t be enforceable.
 
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