Salon owners: Is this fair? Opinions please as I'm guessing here ha!

[LauraLush]

Hey guys,
I am just putting together a contract of employment for the staff; I'd like to put a clause in there to cover my back on training costs - I see it that if I'm going to spend money on training courses for them that I'm investing in their future, so if they then left straight away it would mean they'd be liable for so much of the cost... I'm just sick of being nieve lol & I think it's about time I put some things in to writing!
What do you think of the following? I'd love to hear suggestions of anything you do in your salons maybe?


"Please note, where a training course would cost the company over £50.00, we consider this an investment in your personal career and future, so we would expect you to stay as an employee of our company for at least 6 months after completion of the training course. If the course would cost over £450.00, we would expect you to stay as an employee of our company for at least 9 months after completion of the training course. Should this not be the case and you chose to leave the company by any means before this period of time ended, or been dismissed from the company through the methods of disciplinary action (including verbal warning, written warning and dismissal) or been instantly dismissed due to gross misconduct (very serious cases) – this will mean that you would then be liable to pay 66.6% of the total cost of the training course, this could be deducted from any money owed to you upon leaving (i.e. holiday pay, working notice pay, etc) and would be documented"

 

[Penny Vintage]

I personally think thats fair. Ive heard of contracts where theyve had to pay back all of the money if it was less than a year from leaving.

 

[LauraLush]

Thanks Penny, that gives me a bit of reassurance I'm not just being a bit tight lol, I just think you can never be too safe/clever really can you with things like this.. x

 

[smooth]

I don't think you're naive as you are forward thinking. I would get this looked at by a solicitor to ensure it is water tight. You can reasonably expect staff to give you some time back if you invest in training for them, whether this is hours worked, financial reimbursement or simply retaining their certificate so they can't get insurance!!

 

[SJK]

I agree with smooth that it should be looked at by a solicitor - though that would be good practise for any employment contract.

Compared to other contracts that I've seen this in, you are specifying a much shorter timescale - it is normally 50% within 2 years, the full amount within 1 year (although that's just what I've seen) - but I've never seen it written in that they had to pay even if they were going to be sacked.

 

[LauraLush]

Yes, I think you're right maybe it is worth getting a legal eye to look at it just to confirm it's ok. I put that in because if they wanted to go, but were crafty and tried to misbehave or whatever to try to get me to sack them instead of just leaving.. Do you know what I mean? i.e. I pay for someone to go on a beauty course, they spot a shop down the road and think I'll go for it, I'll open a beauty salon there.. but don't want to pay boss back for the course.. so if they then maybe tried to steal my record cards or started being late into work on purpose, or came in without uniform, etc etc.. Then it's kind of like calling eachothers bluff isn't it.. I'd like to put something in about being dismissed because of this reason. X

 

[SJK]

Good point, that seems fair enough.

 

[divadee]

maybe put some where about if they fo leave to set up down the road that will stop them from doin that

 

[Kim Lawless]

I don't think that you can make people continue to work for you as it would be against human rights.

It's a strange thing as when someone works in an office, they are never required to pay back any training costs, however this seem common place in salons.

I think it would be fairer to say that the cost of the course is divided by 12 months and for every month remaining during the year AFTER that particular course, they pay back half of the cost and you swallow the other half.

So for example:-

They train on a course costing £200 in the May and leave in the August. The monthly cost is £16.67 at the remaining 9 months This is divided between you and them so they would be required to pay back 9 times £8.34 which is approx £75.

At the end of the day, the reason they are sent on courses in to benefit the salon and not the themselves, so it's a risk we take. Another option would be to take on staff who have had extensive training already.

I just made that system up by the way. xx

 

[GracefulH&B]

I really think you need to get legal advice on this. I am also a nurse and I have been asked to sign this type of contract before, but the nursing unions tell us not to bother because it isn't a legally binding document. I'm not sure about all the details but I have definatly been told that these contracts are not legally binding.

 

[angelina221]

I'd put it as a 'loan'. The employee would have to repay the loan if they left within a certain time frame.
Obviously if you have earned money from the stylist being on the course, then the money re-couped should decrease.

 

[Blue Rose]

I'd also suggest getting someone in the legal profession to give it the once over.

As an aside, I have a clause similar to this in my staff contracts. A few years back I tried to claim money back from final earnings from a therapist who had recently left after under going training.

I had a snotty letter off her step dad saying that as she'd been on this particular course, she had in fact earned the salon money. Fair point. My daughter was only a few weeks old at the time so I didn't bother persuing it. She probably had brought in more business for the salon than what the course cost.

Obviously, if it's a course costing thousands then it's different. For a hundred pound or so...not so sure.

 

[Bracky]

I think it's more than fair. I work part time for a housing association (3 hours per day, alongside running my salon), which is also a charity. It is an extremely 'corporate' work place, crosses all the T's and dots the I's, consults employment solicitors for EVERYTHING, every change in policy. I am expected to attend a MANDATORY training course this year in order to keep my job. If I leave within two years of completing the course - (which I do not need nor want to go on), I have to re-pay them the full amount of the course (£450).

Your idea seems very reasonable to me, I just wish my work were sending me to learn something i was actually interested in or would be usefull in the future

 

[Aiden]

If you join the National Hairdressers Federation, you get legal helpline included in the fee....check it out it is really useful