Major self employment issue

[VickiesBB]

Hi geeks,

After some advice for a friend who owns a salon. She has been up and running a few months and she took on a nail tech on a self employed basis around 3 months ago. She is great at her job and really enthusiastic most of the time..

However, it has just come to.light that she is being done for benefit fraud, alot of money and it has also just been admitted she still hasn't registered self employed either.

Now although she is self employed my friend is really worried this can all only go downhill and wonders if she should have her working there now.

The only trouble being she,has invested into products with her.

What would you do as I'm stumped on what advice to really give,her.

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[Geminikelli]

Don't quote me but I'm pretty sure as long as the self employed aspect is 100% correct in terms of your friend invoicing her for rent etc and its all recorded then your friend has nothing to worry about it coming back on her (I think) b the bigger picture is what happens when she is convicted? Likely chance is she will be in the newspaper in court listings or even as a story (not always but do see it a lot) clients will recognise her and it will give your friends salon a bad name etc .

Does your friend have a contract wi her (am hoping so!!) what does that state about being responsible for her own taxes etc, if she wants to get rid and clauses of the contract are bei breached then she has a reason to terminate agreement.

If it was me I'd be straight on phone to my solicitor to find out where she stands etc.

No body like a benefit cheat!

 

[Tomme]

I would say your friend should get rid now. Xoxo

 

[VickiesBB]

As far as I'm aware I think she only has a verbal agreement :s

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[Tomme]

As far as I'm aware I think she only has a verbal agreement :s

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Then although its not nice, it could be implied that she leave if anything like this arises. Verbal agreements are silly and useless as misinterpretation can happen often (this time in your friends favour) xoxo

 

[VickiesBB]

Do you think it would be best to tell her that until the situation is rectified that she cannot work at the salon & also have this in writing?

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[NailsXpress]

I would get advice immediately! Work out what needs to be done about it.

I would say in my opinion if it is true, she has to go. It will definitely reflect on your friends salon name and her name too in the long run. Someone somewhere will hear about it and think that your friend must know about it too. They will almost certainly think, why is your friend helping her out when this girl is a cheat (if its true that is).

 

['chelle]

I think its difficult not to mention unfair to make a decision about this girls future based on the bare facts. Why has this girl committed benefit fraud? Was she perhaps suffering from serious financial problems? I'm not condoning benefit fraud by any means but there could be more to this than any of us know and it doesnt necessarily make her a bad person. If she is to sort this out and improve her life the worst thing that could happen to her now is to lose her job, that will just put her back on benefits and back to square one. If she is good at her job and she is sorry for what she has done and wants to make amends I think it would just be childish to get rid of her for this reason. On the other hand if she is just a scheming cheater I would say perhaps its wise to get rid of her because I wouldnt trust her to be part of my business if that was the case, but we dont know that this is the case!!

Your friend needs to have a meeting with her, speak to her, get all the details, and get a better picture of what has happened and more importantly why. then she can make a decision about whether this is just a girl who is desperate and has made a mistake or someone who she doesnt want as part of her business.

We've all made mistakes in life, god knows I've made some huge ones!! I'd hate someone to judge me on my mistakes so I'm certainly not going to judge someone on theirs, or in the very least would wait to get more information before judging someone.

 

[VickiesBB]

from what I know of her she is certainly not a horrible person. She has 4 children to support and I think she was just trying.g to get by. I don't know much more than that, it's not by place but I know ifs making my friend feel awful.

The girl is in touch with hmrc now and trying to rectify everything and paying for her mistakes.

As awful as it is though my friend has to think of,herself and her business.

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[Lynne Baker]

Get legal advice. Now.

 

[ssuk]

my concen if i was your friend would be making sure she was infact self employed. Its a messy area and in the legal sence she could be found to be employed on a technicality. In which case your friend may be open to problems with not paying tax etc.

I agree with lynn. Legal advice is the best way forward.

regarding getting rid. It may not be easy. If shes self employed she cant be sacked/dismissed. You friend would have to end the 'chair renatal agreement' and i suspect it wont be easy. again a good solicitor would know.

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[Lynne Baker]

I've said this before, but it bears repeating.
If you think it's expensive to hire a professional to do the job, wait til you hire an amateur.
Even a forum as knowledgeable as SG is no substitute for professional legal advice.

 

[VickiesBB]

Thank you everyone and thank you Lynne. I will show her your messages. Hopefully it will get rectified xx

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[blossom]

If you contact your local Citizens Advice Bureau (often at your town hall or council offices), most of them have a solicitor in once a week and a half hour appointment for advice is FREE :hug:

 

[Lynne Baker]

Most regular solicitors will give the first hour free. You may also want to consider engaging with a dedicated HR person - a lot of them have independent companies and can be called upon to give specific employment law advice.
This lady in my local area is brilliant.
Employee engagement surveys and