Is it even legal?

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Newtothis

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Please help, your expert advice is really needed.

My partner has started back at her salon and the owner has said she is to work:
-Every other Saturday employed at £11 an hour
- Self employed during the week and on a 50/50 basis

My partner has finally managed to get the owner to accept that she will only be in during the week if she has clients (owner not happy), however still has to do cuts she doesn’t want to do (come in for a kids cut which is £8 and take just £4). She also has to charge the salon prices (including any discount the owner wants to give her friends - then take half of the discounted price). If she leaves after she finishes clients the owner makes digs about her leaving early and says to the other stylist “her heart isn’t in it and I’ve got a business to run”

Ultimately if my partner isn’t there (waiting for walk ins) the salon now has to close.

She does get to use the salon products but I just don’t feel this is right!

I’m my opinion the owner doesn’t want to pay her by the hour so has made her “self employed” during the week but still wants to control her like she is self employed.

I’ve looked up gov advice but I was just wondering as you are experts in your field…
1: As a salon owner is it possible to have someone employed one day then self employed the rest?
2: if this is possible - what are the risks to you as an owner?
2: If it’s not possible - what would you do if you were my partner?
 

TheDuchess

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It’s a perfectly legal arrangement but it doesn’t sound as though it’s working out for your partner or the Owner.

The risks to the owner is that she doesn’t earn the contribution she needs towards the salon overhead and has to turn away/lose enquiries when she’s busy or away. So it could put the business at risk of closure and the owner might be earning just to pay the landlord and utility bills.

Your partner can set her own rates and terms so she can refuse children’s cuts and discounted cuts. Leaving/not turning up if she has no work isn’t usual on a commission split. Usually you agree the hours you will work and then turn up reliably otherwise the owner doesn’t get the income she’s counting on. If you want to choose your hours you need to pay a chair rent - then you can come and go to suit.
I’d advise your partner to analyse her daily takings and work out which day of the week is her poorest earning day and drop this day. It will help the owner to know where she stands and she can amend her working and opening hours if she needs to - or bring in someone else on that day. The rest of the week your partner should turn up and work the full day whether she has clients or not because it’s the only way to build your column.
 

Newtothis

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It’s a perfectly legal arrangement but it doesn’t sound as though it’s working out for your partner or the Owner.

The risks to the owner is that she doesn’t earn the contribution she needs towards the salon overhead and has to turn away/lose enquiries when she’s busy or away. So it could put the business at risk of closure and the owner might be earning just to pay the landlord and utility bills.

Your partner can set her own rates and terms so she can refuse children’s cuts and discounted cuts. Leaving/not turning up if she has no work isn’t usual on a commission split. Usually you agree the hours you will work and then turn up reliably otherwise the owner doesn’t get the income she’s counting on. If you want to choose your hours you need to pay a chair rent - then you can come and go to suit.
I’d advise your partner to analyse her daily takings and work out which day of the week is her poorest earning day and drop this day. It will help the owner to know where she stands and she can amend her working and opening hours if she needs to - or bring in someone else on that day. The rest of the week your partner should turn up and work the full day whether she has clients or not because it’s the only way to build your column.
Thank you for your advice - really appreciate it. 😊
 

S15Beauty2022

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Your partner has the right to choose her own hours as she is self employed , however I would suggest that if its her day to keep the salon open as she is the only Stylist to stick with the Salon opening hours as it is bad for business closing just because its a quiet day. Understand what terms she is coming i under i.e Salon rates etc ,
She can set her terms i.e no children cuts or a different % for them , I would only be refusing if it is interfering with getting other bookings generally mammy's will come back to her if she does a good job so use it as a marketing tool . -also staff discounts condition should it be boss friend then boss absorbs discount , her friend she does .

Have a good manual record of her takings and not to rely on the Salon system .

Financially is it worth while ? Has she explored other options ?
 

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