Room rental advice

[Figi]

Hi

I have a beauticians who rents two rooms from my salon. I put the price up a little bit. She doesn’t want to pay the new price. She is self employed. But when she first cane she started with our salons client. She built up clients. She is not negotiating with us anymore and doesn’t want to pay more for the rooms. So if she leaves does anyone know how many miles away she can’t rent a room. By the law is she allowed to take the salons client and her clients that she built up.

Thanks in advance.

 

[AcidPerm]

You’re just her landlady not her employer so you have no say on how she runs her business and any clients that she does, automatically become her clients.

You’re getting confused with restrictive clauses applying to employees only. You need a properly drawn up legal contract before the employee starts for those to be effective. Employers without adequate legal knowledge that try to draft their own usually find the contracts are not enforceable.

As she’s employed, she’s entitled to tell the clients when she moves and she can set up in the business next door, if she wants to. There’s nothing you can do about it.

You need to familiarise yourself with the rules around self employment otherwise, you risk a fine from HMRC if they think you’re trying to treat a self employed worker as employed and they do investigate and prosecute.

Here’s a link to my thread regarding the HMRC guidelines.

https://www.salongeek.com/threads/hmrc-guidelines-for-determining-self-employment.295298/

 

[francesXXX]

My partner is a lawyer and those ‘area clauses’ that salons often write into employee contracts are actually not legally enforceable at all, and it’s a completely made up thing to scare salon employees into not leaving. Just saying

 

[AcidPerm]

My partner is a lawyer and those ‘area clauses’ that salons often write into employee contracts are actually not legally enforceable at all, and it’s a completely made up thing to scare salon employees into not leaving. Just saying

No, it’s not a ‘made up thing’ at all. A radius limit in a restrictive clause can be enforceable but only in very limited circumstances.