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[voguette]

Hi I really really need some advice.... Here goes:

I work for a large hotel chain in the spa 3 days a week (13 miles from my house), one day I am at college (for make-up artistry) and for 3 days I work for my own company doing treatments out of my room or mobile.

I recently started to advertise locally as a lot of my clients had been asking for flyers I thought 'oh what a great idea!' I live in a small village and there is no-one who does any kind of beauty treatments here so I put them in hairdressers,hotels and cafes... and one cafe my friend owns in the village where the hotel spa is that I work.

I went into work on friday to find out I had a meeting set up for me with the Hr manager and the leisure boss who proceeded to tell me that advertising my business was a conflict of interest,
On my flyer I advertise:

Eyelash extensions — which they don't do
Make-up - which they don't do
and waxing which they do but I use perron rigot for my business they use salon-services wax.

I was throughly 'dressed down' and told that I had to choose between the hotel spa and my business.

Now at my interview I told them about the fact I do a lot of brides and homers and nothing was said nor have I ever had to sign anything saying I cant have my own business or anything like that...??

Im so upset, confused and a little bit humiliated i had to take my leaflets down from all the local shops and my name was scored out of all future bookings in our booking diary for all staff to see...

The thing that hurts the most is the 2 snr therapists both have their own massage business's and one of them has her business cards all over the town too but nothing has ever been said to either of them?

What can I do I'm so upset and I cant stop thinking that ive done nothing wrong? Have I?

Any thoughts you have on this I would be so grateful!

 

[malibu8909]

i dont think you have done anything wrong hun. I dont see a problem with working for someone and having your own business! You shouldnt have to take your flyers down its take you the time and effort to put them up! Also if there are other therapists where you work that have similar businesses and the Hr manager has told you its a conflict of interests but has said nothing to them you may be able to sue them under unfair dismissal. I hope i got that right... im studying law as an evening course but not too far on yet so i may b wrong!
x

 

[tigi]

what do your terms and conditions say? DOes it have a clause to say that you cant be self employed?

I think you need to get some professional advice on this one. tomorrow. make an appointment to see a solicitor (many do the first meeting for free) or CAB. Employment law is a tricky area. Personally I think that as you mentioned in your interview that you do also work for yourself, they could find it hard to stop you doing it, but I am not an expert, it depends what is stated in your contract of employment.

Look, I know you must be really stinging right now, I think they have been heavy handed with you. They will also need to explain why you are being treated differently from the other therapists.

Get legal advice and take it from there. Chip up hon, it can only get better from here!

tigi

 

[LeighBee]

Call ACAS.... Acas - How can we help?

They should help you out!

 

[number1kitty]

Question is do you need the spa job? If you do, then your going to have to comply although its not a real conflict of interest if your offering things they don't.

Thing is your disposable and easily replaceable as theres a lot of girls that would kill for your job - sorry!

Personally I would have told them to stuff it (in less politically correct words). Either that or ask them to rent a room there 2 days a week to work from on a profit share.

I also know of girls that work for one salon/spa and do mobile on the side and they work under a different name i.e if there name is Emma they trade as Jane.

Even if you find there is no conflict of interest ordered by a judge or ACAS or anyone else, I think you need to consider how your now going to feel everyday working there.

This isn't really legal. Now its all about you having to make a decision. Carry on soing mobile and them knowing and making your life hell or stop being mobile and kiss ass for a few months or quit your day job and just do mobile.

Unfortunetly in this scenario there is no right party. You think your right and protecting your income and they think there right and protecting there income. Whats not fair is you probably need the money more and should be allowed to earn extra income. The question that should be raised is if you worked 3 days at the Spa and 3 days at another salon would they still be bothered?

Sorry if that all sounds harsh, I just beleive in being honest.

I do wish you luck with this. Things happen for a reason and you never know this may be the step you need to change something.

Kate x

 

[persianista]

If I'm honest, I would feel really uncomfortable with one of my staff setting up a rival mobile business while working for me, and having access to my salon's clients.
In legal terms it could be deemed that you are "trading in competition". A copy of your flyer would be all the evidence the spa needs to defend an unfair dissmissal claim.
It would seem that in this instance you cant have it both ways.

 

[duffield1]

I think your employers have been heavy-handed, but it does depend on your contract of employment, and that is where you should start. Does it mention you doing other jobs, or working elsewhere? Some contracts do have 'restrictive covenants' which basically means that if you set up shop nearby whilst you are working for them - or even in the months after you leave - they can sue, but if there isn't such a restriction, they don't have a leg to stand on.

To be honest with you, I'd suggest that you just remove the leaflets from your friend's cafe (and potentially any other sites within, say, a three mile radius of the hotel), but continue to promote your business elsewhere.

If your employer wants to take it further, they would have to prove that you are soliciting for business from their clientele, which is tough to prove. Keep schtumm about your own business when dealing with the hotel clients (even mentioning your own salon could be seen as soliciting for business), and the two should be able to co-exist without too many problems.

Legally, if there is no restrictive covenant, you are in the strong position, but you would only be able to use your strength at a point where you were sacked or made to resign - which isn't going to be much help to you.

 

[persianista]

not trading in competition with your employer is not a restrictive covenant like a radius clause is, but a standard part of any employment contract or staff hand book.