my rights....do i have any?help?!

[miss amy]

Hi Geeks,

As some of you know i am in the process of setting up my own salon, today i gets a call off my boss(its my day off) asking me to go in as she needs to speak to me urgently re something she has heard....3 guesses what that was! someone had told her, 2 people knew 1 was coming to work with me , a very good friend for 4 years and the other was a receptionist(my good friends best friend who assured me she wouldnt say anything)so it didnt affect her at all. Needless to say she told me i wasnt welcome in the salon anymore, took my key and said she is stopping my wages until she gets legal advice. I havent signed my contract.Prior to all this on wed evening in my progress review she personally attacked my carachter in hope that i would resign.
Do i have any rights?! help!
Thanks:sad:

 

[lenna]

hi sorry to hear that, dont think there is much she can do you have not signed any contract , best of luck with setting up your own business when do u hope to have it up and running

 

[becca boo]

Not sure but if papers arnt signed then I dont think necessarily you have been hired. Shes just pissy, and wil get over it. Is there anyone there that you can get lefal advice from? How did she find out thats kinda messed up since no one was supposed to tell and did. As far as the manager/owner thats a part of running a buisness you will always have people come and go. You fire some others quit

Good luck on yours

 

[Kim Lawless]

You don't really have any comeback and her behaviour is quite normal really. After all, you could steal all of her clients.

 

[*Garfield*]

I think possibly she is within her rights to sack you, poachng stafff could be construed as gross misconduct - but she most certainly cannot withhold your wages, it dosnt matter wether you have a contract or not, withholding wages from employees is unlawful- check out the citizens advice bureaua website, they have loads of info about this sort of thing. hths

 

[chantell simone]

sorry to hear about your situation

the person who told her should not have said anything, but hey some people just can't keep quiet sometimes

good luck with your salon

 

[sweetcorn1]

I hope you have confronted the 2 "ladies" who were the only ones who knew and found out who blabbed!!!

Does that make you wary about hiring either of them? The fact that one of them couldn't keep quiet and has made things VERY difficult and awkward for you would make me fuming!!!

Hope things work out. Good Luck. XxX

 

[larnie]

With regard to your wages ring citizen Advice they will be able to tell you your rights.

 

[nicjill]

To be honest, I'd forget your old boss and cut your losses. I'd agree with the others that she's probably within her rights to fire you in view of the situation but she still has to pay whatever she owes you.

Also, if you didn't sign a contract, did you have a verbal contract? I know its harder to enforce but a verbal contract is still technically binding. I don't know your situation but it is fairly common to include in a contract that employees cannot set up in competition within a certain radius and that clients generally belong to the salon. I think that if she suspects that you may 'steal' client information then she is allowed to sack you, or at least suspend you. I have had past employees steal client information from me, unfortunately, I didn't realise that they had done it until afterwards. I can understand her being angry when she found out you were setting up your own salon if it conflicts with her own business, I'm sure you would be the same if it happened to you (and one day it might). Just try not to get into personal conflict with her, get your money & leave.

 

[miss amy]

thanks guys. I didnt have a verbal contract or written contract. My salon is across the other side of the city centre so there is no radius problem. the salon is franchised therefore the clients belong to the old franchisee who left the company and set up on his own. My old boss wrote to every single client on the database and tried to tempt them back, surely she has broken some sort of rule? I have also been contacted by one of my clients and been told she is ringing round and going to see people and telling them she has let me go because i was stealing client data! Surely she should NOT be doing that. Unprofessional IMO.

 

[emily22]

hi, im not sure if it still stands but a few years a go i had probs with an emplyer because she found out i was pregnant! Anyway, I didnt have a contract and she was really funny with me, but i asked CAB for advice and it turned out that although i didnt have a signed contract, as id worked for them for over 8 weeks i was automatically protected by a 'standard contract'. I dont know what the details of it are - its set out by the law but it basically meant she couldnt sack me without notice etc and had to have good reason to sack me anyway - which she didnt!
This was about 6 - 7 yrs ago now so i dont know how it is now but its worth asking CAB for advice.

 

[Sara Satchell]

I suggest getting in touch with ACAS. They will be able to help you most definatley.

Acas - Home

 

[miss amy]

thanks guys

 

[ruthsy]

The fact that she offered you a job and you accepted would constitute a contract (although obviously not written).

Take advice because there are rules about minimum notice periods and unfair dismissal etc.

God luck with the new salon

Rx