Self employed - leaving a salon

[charl12dance]

Hi fellow geeks

I have been working as a self employed therapist for 10 months within a beauty salon. 3 weeks ago I decided to leave for 2 reasons, 1 I was promised more days over the summer holidays (this didn't happen and instead she employed a new therapist straight out of college and gave her full time work) and 2 she wanted to increase my rent by 10% and on top of that card me to use the card machine. I looked over my books and it wasn't worth it to stay. I was honest with her and explained all of this and she seemed fine with it and explained her reasoning for the increase and that she couldn't move on that figure.

I always have my money the week after I've worked to allow for card transactions, so when I left she asked if she could do the same. I agreed as it was always what we had done and I was leaving on good terms. The night I left I forgot to return my key (I genuinely forgot) I got some nasty tx messages regarding this and I tried to explain that I had just forget but she just demanded I return the key ASAP. The salon is 60 miles from where I live and with clients booked in I didn't have a spare 2/3 hours to go up there. So I posted it recorded delivery, she was fine with this & had txd to say she has received the key (thank goodness).

Today I received a letter thinking it was my takings from the other week, however there is a far bit if money missing! In the letter since she explains that since I've left there have been complaints about me & she has had to refund customers and that is where the money had gone! I am absolutely gob smacked! I don't believe for a min there have been complaints (not to sound too big headed) but it never happened in all the 10 months I was there so why now? Surely she can't refund people with my money without contacting me first? I realise they can't come back for a second treatment but she could of at least consulted me and that could of been an option. I don't know where I stand with this legally, we have no contract or agreement. Any advice would be a great help, sorry this message is so long. Thanks in advance

 

[taggyboy]

I would presume as you're self employed that you have your clients details? Therefore, they should have come to you direct if there were complaints.

Are you carrying on with your business?

Debbie

 

[charl12dance]

Yeah I have their details. All my bookings were done through the salon and I agree, I would of thought the owner would of passed on my details for me (as I'm not there anymore) to deal with the complaints. This is what is making me doubt the complaints are real. Yes I am still self employed and carrying on with my business x

 

[ch-ela]

Some of the things that you a have been doing were not correct if you were self employed. For example, you should always have handled your own money.
If you look on the DirGov website, there is lots of info about the differences between employed and self employed. Possibly wont help you here, but for the future.
I don't think she has any right to keep any of your takings. If she has refunded anyone, ask for their names.

 

[Sarahbeauty]

I would have thought this is illegal on her part?!! surely? sorry I can't be of any help...but doesn't sound right!

 

[charl12dance]

I don't think it's right either! I'm not sure if I go to a solicitor how I am able to prove it or if I can take it further?

 

[pure]

Do your insurers offer free legal advice? Many do so it might be worth giving them a call x

 

[fluffy26]

If you have your clients details I would contact those clients directly that have apparently "complained" just to see if they have!!! Then at least you will know what you are dealing with one way or another! Good luck! X


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[charl12dance]

Thanks pure I'd never even thought of that! I will ring them & see.

Yeah I agree fluffy26 I will probably will ring them next week now. I was so annoyed when I read her letter today that I just thought I wouldn't say or do anything tonight, just give myself a chance to think things over first.

 

[tony14986]

She shouldn't have been handling your money if you where self employed. And sounds like going down the legal route with her will be more hassle and expense than it's worth. I would just write it off as a learning experience. Next time handle all your own money. I'm self employed in a salon and have my own card machine from streamline. It's easy enough and doesn't cost much to get your own. And try and get some sort of contract or agreement signed just to put in writing what should happen when you want to leave and detailing your rent etc

 

[charl12dance]

Some of the things that you a have been doing were not correct if you were self employed. For example, you should always have handled your own money.
If you look on the DirGov website, there is lots of info about the differences between employed and self employed. Possibly wont help you here, but for the future.
I don't think she has any right to keep any of your takings. If she has refunded anyone, ask for their names.

So can you not work somewhere self employed, have all the treatments go through the company till and then invoice the company each week?

 

[fluffy26]

So can you not work somewhere self employed, have all the treatments go through the company till and then invoice the company each week?

Why would you want to do this!? Then you wouldn't be self-employed, you would be a contractor! Speaking from plenty if experience, if your self-employed you handle your own prouducts, bookings, stock, clients & most importantly money, you pay them your rent/commission, end of!! KEEP IT SIMPLE! X


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[ch-ela]

So can you not work somewhere self employed, have all the treatments go through the company till and then invoice the company each week?

I don't know enough about the laws in the UK to give you a definite answer. I know a few of the spa's round here do that, but I didn't think it was legal.
Have you looked on the Direct Gov website?

 

[AcidPerm]

Sounds like a fairly simple case of breach of contract. In which case, you can sue her in the small claims court.

Check about the 'refunds' with your clients first so you know is she is being truthful.

Had you previously agreed that she could offer refunds to clients when you were not there?

If not, I think she is still in breach of contract as she didn't have your permission (express or implied) to offer refunds on your behalf.

 

[Baggybear]

So can you not work somewhere self employed, have all the treatments go through the company till and then invoice the company each week?

There are reasons this ^^ is not a good idea for either the therapist or the salon.
If the salon is taking all payments they will reach the VAT threshold quicker & then need to register for VAT, HMRC will not care why they have reach the threshold and don't care if they are handing over some/all of that money to the self employed therapists, they just want their VAT paid on all salon takings.
Part of being self employed is that you set your own prices and take your own money, then pay your landlord their rent, the landlord has no rights at all to take money from the self employed therapists clients, the payment of rent owed (either percent split or set rate) is then paid by the self employed therapist at the end of each day/week/month depending on what you have agreed when signing your rental agreement.

 

[charl12dance]

I don't know enough about the laws in the UK to give you a definite answer. I know a few of the spa's round here do that, but I didn't think it was legal.
Have you looked on the Direct Gov website?

I don't either, but just thought if ask I've not read it yet but I've bookmarked it so will take a look soon. Thanks for the advice

 

[charl12dance]

Sounds like a fairly simple case of breach of contract. In which case, you can sue her in the small claims court.

Check about the 'refunds' with your clients first so you know is she is being truthful.

Had you previously agreed that she could offer refunds to clients when you were not there?

If not, I think she is still in breach of contract as she didn't have your permission (express or implied) to offer refunds on your behalf.

We didn't have a written rental agreement so not sure where I would stand with breach of contract.

Interesting that you ask about refunds, because when we discussed it a few months back she said she didn't believe In offering refunds just offering to rectify the treatment. I'm guessing because I no longer work there she took it upon herself to refund. What she should of done was call me and at least give me the chance to go back and sort it if needed.

I honestly think she has done this because she is annoyed about losing a member of staff.