Insurance, liability and best practice

[Moo]

I'd be really interested to hear from anyone who may have any helpful comments on my really crappy day

I've got a job with Steiner as a nail tech on cruise liners starting next month. I had to move area for a couple of months at the end of my flat lease until starting with Steiner and got a casual job in the meantime in a local salon in the new area.

There is no contract, terms or conditions of employment. I use the salons products and get 50% of any services I do and I'm there 9-5 every day. We are paid cash in hand. During this time I've worked on approx 20-25 people (not very many!). During the first couple of days I asked whether I would be working under my own insurance (I already had it with BABTAC). I was told I would. Because of this I said that I'd bring in my own blank client consultation cards and ask for basic details from people (name, contact number, medical history, allergies, medication and date of birth if they look like they may not be 16 (I don't work on anyone who is).

I explained that I wanted to keep these cards which would be signed in each case by the client and that I would write out salon cards with the same information so they could be kept by the salon. I thought that this would be good to have in case any of the people I've worked on develop a problem and seek me out. There really shouldn't be as I consider I'm a good nail tech. I never work on anyone I'm unsure of and always have a comprehensive consultation with them before doing anything.

I leave in a month and today the owner/manger said that she wants all the cards back and that I'm not allowed to take them out of the salon because of the data protection act.

I'm going to ring BABTAC on my day off for advice but that's not until Thursday. I'm not having a very good time at the salon and feeling a bit picked on but need to bare with it until my new job starts next month. Has anyone had a similar experience and would you ever part from your client consultation cards if you are operating under your own insurance. If she wants me to operate under her insurance do I need to get that in writing from her?

Just feeling a bit woeful about working in such an all round unprofessional salon. Boo. Need a hug :hug: . .......and a cup of tea :lol:

 

[Cathie!]

Well it sounds to me like you are self-employed at that salon....I guess you deal with all your own tax and NI and have no contract of employment.....did you sign any kind of contract to say that when you left clients belonged to the salon etc.....if not, I don't think she has any right to keep your client record cards....she's taking the mickey, and also if there ever was a claim it would be against your insurance, so you would be required to keep those record cards......there is a timescale, but I don't know off the top of my head what that is.

Good luck on the cruisers!

 

[oey]

why you only getting 50%? where i am working (self employed) i get 80% of the treatments and pay the 20% as rent whicj I think is fair!

 

[Moo]

Hi Theresa, thanks for your msg. I'm paid 50% and there are hardly any clients to be seen. I do some of the walk in's while my boss is stacked with clients 95% of the time and the manicures and pedicures are given to the beauticians. I have to be there even if I have nothing booked in and it seems I'm expected to deep clean (including the loo) as there is no junior. Sometimes I can earn as little as £3 a day (soak off is £6), spend almost £4 on parking, lunch and petrol on top of that and still be expected to run around doing errands and chores.

I feel a bit put on but also trapped as I need money to keep me going but I've only got 4 weeks to go and it's unrealistic to expect to get another nail tech job for this short length of time. I feel bullied and usually give in but I think that the client record cards are a bit too much of an important issue to back down on.

Thanks for your interest.

 

[jenny mosley]

Hiya
This is a funny one.

If it's your insurance then i would say that the clients are yours..and that the records are kept by the person who has the insurance..and not any old tom dick and harry.

Good Luck
Jenx

 

[ruthsy]

Hi


Here are my thoughts but do of course check this with your insurer / prof body.

The BABTAC insurance states that you have to keep client records for three months from the date of the treatment (or three years from the date the client reaches 18 if they are younger than this).

This is because the Limitation Act 1980 allows a person three years (after the age of majority) to bring a claim.

Therefore in order to comply with the conditions contained in your insurance policy you would need to retain these records. I would explain this specifically to the salon owner (after all they insisted on you using your insurance).

With regards to the Data Protection Act if you are self employed and they are your clients I would consider that you are the Data Controller and are responsible for the records. The DPA actually states that you cannot release the records to any person without the client's permission. If the client was aware that you were providing the treatment as a self employed person then I cannot see the issue with you having the record. I guess the difficulty is if the client believes that it was the salon providing the service.

In hindsight I would have put a note on my consultation sheets to the effect that records will be retained by both the salon and yourself. Hence if the client signs the form they are granting appropriate permission.

I suspect that this is just a smokescreen and the salon owner is just trying to retain clients and to prevent their details falling into someone else's hands.

Perhaps a couple of suggestions:

1. You could offer to sign an agreement that you will not pass the records onto any other party or solicit them for business in the future (unless they were a prior acquaintance or client). Include in the document details of where they will be kept when you are away.

2. Another option (as a last that if resort)is to tell the owner that if she does not allow your to retain copy records you will need her to sign a document agreeing that she will provide you with an indemnity in the event that a claim arises and she is not able to provide you with the relevant record card. I must admit this may come over as adversarial so I would try and come to an amicable agreement first.

Hope this helps - but like you have said the best thing is to speak to BABTAC as they will be able to give you further advice.


Ruth

 

[adelekeegan1]

Hi Theresa, thanks for your msg. I'm paid 50% and there are hardly any clients to be seen. I do some of the walk in's while my boss is stacked with clients 95% of the time and the manicures and pedicures are given to the beauticians. I have to be there even if I have nothing booked in and it seems I'm expected to deep clean (including the loo) as there is no junior. Sometimes I can earn as little as £3 a day (soak off is £6), spend almost £4 on parking, lunch and petrol on top of that and still be expected to run around doing errands and chores.

I feel a bit put on but also trapped as I need money to keep me going but I've only got 4 weeks to go and it's unrealistic to expect to get another nail tech job for this short length of time. I feel bullied and usually give in but I think that the client record cards are a bit too much of an important issue to back down on.

Thanks for your interest.

This is a terrible job, if you are cleaning the loo etc anyway I would pack it in and do some temporary cleaning work or similar to give you some dosh until you start your real job.

Good luck anyway

 

[oey]

Hi Theresa, thanks for your msg. I'm paid 50% and there are hardly any clients to be seen. I do some of the walk in's while my boss is stacked with clients 95% of the time and the manicures and pedicures are given to the beauticians. I have to be there even if I have nothing booked in and it seems I'm expected to deep clean (including the loo) as there is no junior. Sometimes I can earn as little as £3 a day (soak off is £6), spend almost £4 on parking, lunch and petrol on top of that and still be expected to run around doing errands and chores.

I feel a bit put on but also trapped as I need money to keep me going but I've only got 4 weeks to go and it's unrealistic to expect to get another nail tech job for this short length of time. I feel bullied and usually give in but I think that the client record cards are a bit too much of an important issue to back down on.

Thanks for your interest.

Seams to me you are worse off so is there any point in doing this for the next 4 weeks.

I would keep a copy of the record cards for what you have done and tell the manager to stick it up her a**e!

 

[Moo]

Thanks to you all for your interest in this and your replies (lol, Theresa hehe).

I'm ringing BABTAC tomorrow and as you have all been good enough to share your views on this subject, I'll add to this thread with the outcome and the advice given regarding my specific situation.

Just to let you know, I refused to clean the toilet

 

[CadenceAlex]

My cousin was with Steiner for many years as a beautician and nail technician - the conditions on board the liners can be just as bad as what you have described here, so you should bear that in mind.

What is great about the liners, is you'll get to see the world on your very few hours off and get to dress up glamourous for evening do's - and meet lots of gorgeous men :lol:

My cousin worked for commisson only and a percentage of Elemis sales that she made, so the money was there to be made but you really will know what your job is like in the end of it!

Good Luck!!!

 

[IllumeGirl]

heres a hug for you:hug: i have heard on some cruise liners they are known for docking your pay for certain breaches..make sure you are aware of them all fully. and good on you for standing up for yourself..cover your back,cos no one else will..you should be respected for being professional x

 

[nailzoo]

you mentioned you were writing out 2 sets of cards (well thats what it sounds like) If you were operating under your own insurance you are not an employee, nor bound by anything (unless you signed a contract) I'd take the cards, my clients and my supplies in one foul swoop. Tell her that you have spoken to BABTAC, then tell her your next step is the tax department, she will **** herself.