Forced employment

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GeorgieNail

Member
Joined
Mar 8, 2017
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Location
Devon
Hi, I'm a self employed hairstylist within a salon. I pay a % of my take to the salon owner, she provides most of our stock, even though I do buy some of my own stock, tea coffee, milk etc and I wash the towels at home. The salon owner has messed up financially, and is now forcing all of us to become employed. Can she make all of her self employed staff become employed against what we want?
 
I dont think she can force you to be employed, but if she wishes to employ people rather than take on self employed people I don't see why she can't do that. Why don't you want to be employed?
 
She has 4 self employed girls in the salon and wants us all to become employed. Could she sack us all to replace with employed staff?
I really don't want to become employed because of what she's offering as an employment package. My earnings will take a massive hit. I also don't want to have my hours dictated to me. It sounds stupid but she wants to cut my working hours from what I do now. But do the same amount of work, with no junior and no bonus/commission for the work done x
 
If you are self employed you own your own business, you simply rent space from her. She can't 'sack' you, you don't work for her. Do you have a rental agreement with her? If so what are the terms of that agreement?
@AcidPerm what are your thoughts on this?
 
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She's never given me a contract or anything to sign. I've asked so many times in the last 2 and half years but she's always joked that, it's not really needed between us!!
 
I don't really see what you can do in terms of having a right to remain as self employed If she no longer wishes to rent her chairs. It might be an idea to call ACAS and ask them. There may be a way round it.
 
I'll call them tomorrow, thank you for your help
 
I'll call them tomorrow, thank you for your help
 
Hi @GeorgieNail,

If you are self employed - you work for yourself. Therefore she cannot force you to become an employed member of staff. If you have no contract in place there is definitely nothing to dictate what she can make you do.

Although as @Traveller75 says, it is tricky - if she no longer wishes to take a percentage from you guys - your hand is forced in a way. This doesn't mean you have to become employed though.

What is the general consensus of the other self employed staff you work with? Could you set up on your own? Or look elsewhere to work in a different salon on a self employed basis?
 
As the others have correctly pointed out, she can’t insist that you become an employee.
However, she can decide that she no longer wishes to rent out chairs and ask you to leave.
If you don’t wish to move to employed status, and in your shoes it doesn’t sound very attractive, then you need to actively start looking for somewhere new to rent but with a decent notice period.

If you all decided to leave at the same time, she would need to advertise and recruit new staff plus she would have to significantly market the salon to attract new clients. Assuming that you are all keeping your own client data secure, you could use these two points as a tool for negotiation in extending the transition period to give you an additional month on the lease.
 
Thank you so much for your reply.

The general consensus is that no one really wants to go employed, but some are more willing than others, purely because their earnings aren't as greatly effected, even though they'd still make a loss.

I think I need to seriously explore my options. I was employed for 14 years and got screwed over massively, and going to self employment was a massive step which had definately paid off. That's why I'm so apprehensive, that and no one wants to work for nothing!! I love my job alot but its still not a hobby!!

I will try and negotiate, however it's hard when she believes her own lies...
 
What is your current self employed deal % split ? Try educating her especially if she’s not too good with money if you all gave her a set rent every week ( which is the best way to do self employed and keep hmrc happy ) she would know where she’s at and u could run your business as u wish ? Do your numbers offer her a good set rent for your area , they generally say cut blow dry price £35 a day ?
 

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