Staff taking salon clients...?

[natlou89]

I know This isnt right but I don't know what to do about it?- Iv just taken over a salon, so the staff know the clients well and I don't.

This member of staff is on leave for a year and Iv notice that this member of staff is getting client details- contact numbers/ Facebook adds ect and I don't know how to stop this from happening???

She also is starting to order equipment and products for her to use at home- making it more obvious that this is what she is doing...!

Any1 experienced this before or any advice? X

 

[vitality]

You could devise a contract to give to the existing staff and the girl who is taking details etc. stipulating that they cannot go self employed whilst working and until xxxx time after leaving employment. If anyone refuses they can leave. Did you come to any agreements with the staff when you started?

 

[natlou89]

Well it's against the employment law to do this anyway- so you can discipline her and get rid of her as staff but I just want thi to stop or I just think maybe she just needs to go if she's not loyal and helping the salon???

 

[vitality]

Well it's against the employment law to do this anyway- so you can discipline her and get rid of her as staff but I just want thi to stop or I just think maybe she just needs to go if she's not loyal and helping the salon???

It's against employment law to do what? sorry You're not clear. If you are not happy put her on probation or dismiss her. If she is not happy with your contract terms then she can leave.

Contract clause Restrictions on employees taking second jobs

"Outright ban on a second job during the hours that an employee should be available for the employer. For any other job undertaken outside work hours the prior written permission of the employer is required. Permission will be refused if the second job competes with the employee's first job or would be detrimental to their first job."

Employment Contracts - Additional Clauses

 

[femmefan]

Sorry, not quite clear on this.

You say she is on leave from the salon. So, how is she getting access to client information?

Your client records should be kept securely in line with the data protection act as this is confidential information.

Perhaps ALL your staff should be given some information and training regarding the importance of client confidentiality and what the data protection say you can and can't do with the data.

 

[Simba44]

Data Protection Act 1984

04 Jun 96
The Data Protection Act 1984 has eight principles

The information to be contained in personal data shall be obtained, and personal data shall be processed, fairly and lawfully.

Personal data shall be held only for one or more specified and lawful purposes.

Personal data held for any purpose or purposes shall not be used or disclosed in any manner incompatible with that purpose or those purposes.

Personal data held for any purpose or purposes shall be adequate, relevant and not excessive in relation to that purpose or those purposes.

Personal data shall be accurate and, where necessary, kept up to date.

Personal data held for any purpose or purposes shall not be kept for longer than is necessary for the purpose or those purposes.

An individual shall be entitled (A) at reasonable intervals and without undue time or expense (i) to be informed by any data user whether he holds personal data of which that individual is the subject; and (ii) to access any such data held by a data user; and (B) where it is appropriate, to have such data corrected or erased.

Appropriate security measures shall be taken against unauthorised access to, or alteration, disclosure or destruction of, personal data and against accidental loss or destruction of personal data.

 

[natlou89]

Thanks for all your help.

She isn't taking clients card with their details on...she us talking to them and they are giving their contact details to her.- so don't think that's anything to do with data protection???

 

[persianista]

No, but soliciting clients is gross misconduct. Google Peninsular and give them a call, they will sort out all these type of issues for you.

 

[Simba44]

Thanks for all your help.

She isn't taking clients card with their details on...she us talking to them and they are giving their contact details to her.- so don't think that's anything to do with data protection???

It is however gross misconduct and she would never have got these clients other than the fact that these were within the workplace and therefore still comes under the same act. You wouldn't see tesco staff offering out free loyalty cards in sainsburys for example.

 

[soriminah]

I'm still confused. If she's on leave, how is she getting their details. You say she's taking to them, but where? If she is poaching them can she be instantly dismissed without recourse? Then if anyone asks where she's gone you can say she was dismissed for gross misconduct - otherwise she could spin a story about how you dismissed her unfairly and try to badmouth your business.

There's nothing stopping her from advertising to say she now works from home unless she has a contract specifing that she can't. When a friend sold his barber shop the contract stated he couldn't open another shop with 20km for 5 years (or something like that)

If she's taking leave, poaching clients and buying supplies, she's obviously not intending on coming back. Maybe she's trying to cover herself so that if her new business doesn't work out, she can come back to you in 12 months.

 

[kezza*]

If she is talking to client's and has not taken then information from the salon then it's not against data protection.

There is nothing you can do if she has bumped into client's say whilst shopping and the client has asked her what she is doing then she hasn't done anything wrong.

She is on leave for a year can I ask why? If she is on leave for a year can she work somewhere else?

Do you know the client's that she is treating at home? If I was you I'd try to think of things to keep those client's, send a letter out to client's saying that this employee is off on leave for a year and that the other employees (name them) will be taking over her client's and give them either a free treatment or a specail rate to come back.

Are you still paying her? if you did sack her she'll still go ahead and do what's she's doing anyway.

You could ask her to cokme in for a meeting and talk to her about it and see what her intentions are.

 

[Florriedee]

What is she on leave for? And why does she have access to the clients? I assume she isn't on sick leave? And how so you know she is ordering things for home? I apologise If these questions have been answered elsewhere and I haven't spotted them!!! X

 

[Florriedee]

If she is talking to client's and has not taken then information from the salon then it's not against data protection.

There is nothing you can do if she has bumped into client's say whilst shopping and the client has asked her what she is doing then she hasn't done anything wrong.

She is on leave for a year can I ask why? If she is on leave for a year can she work somewhere else?

Do you know the client's that she is treating at home? If I was you I'd try to think of things to keep those client's, send a letter out to client's saying that this employee is off on leave for a year and that the other employees (name them) will be taking over her client's and give them either a free treatment or a specail rate to come back.

Are you still paying her? if you did sack her she'll still go ahead and do what's she's doing anyway.

You could ask her to cokme in for a meeting and talk to her about it and see what her intentions are.

Ah - classic crossover! Lol

 

[Simba44]

Preventing Former Employees Stealing Information
Ex-employees stealing confidential information
Following the economic downturn experienced in the United Kingdom over the last couple of years, there has been an increase in employees who are leaving a certain company stealing information which is confidential to that company.
Often many people have been forced to leave their jobs during the recession by way of a redundancy. Often the ex-employee may feel bitter about this fact and wish to harm the company in some way but the main reason is to get ahead in a new potential job. Individuals may feel that confidential information such as this is may be essential in their new job. Other individuals may start up their own company in direct competition to their previous employer.
The kind of confidential information that I would be concerned with in this area is that related to trade secrets or business practices.
If an individual is looking to set up their own company then certain confidential information may be used to tempt clients of their previous employer to come to their new company.
As an employer is there anything which I can do to prevent certain staff doing certain practices following the termination of their employment?

One of the best ways that employers can guard against this situation is by ensuring restrictive covenants are written into staff contracts. These restrictive covenants will come into play once the member of staff is no longer under contract with that particular employer – accordingly they are termed post-termination obligations.
If certain employees are leaving should I be vigilant to ensure they are not stealing confidential information?
Often employees who have been made redundant will decide to set up their own business in direct competition to that of their previous employer or will be leaving for a new employer.
It is in this situation where there may be the potential for confidential information to be stolen.
What should I do in this situation?
If an employee who is leaving to set up their own business is exhibiting strange behaviour such as spending a lot of time by the photocopier it may be wise to monitor the employee to see if this is the case. This may involve checking records in relation to that employee’s email and telephone.
Employers must, however, be careful not to infringe the Data Protection Act 1998 when doing this.
Can I take any legal action against an employee who is doing this?
Where an employer suspects any form of wrongdoing in this situation they are able to go straight to the courts and request an injunction or ask the employee to agree to an undertaking that they will discontinue the damaging action. Therefore a judge has to be satisfied that the employee did not meet 30 or 40 odd clients walking down the street and not in the place of work. The clients are not in this case a problem however this has caused damage to the employers business and if this can be proved then the employee loses.
What must I show in order to be granted this?
An employer will need to show on the balance of probabilities that there has been a misuse, misappropriation, or a clear intention to misappropriate confidential information.
Accordingly an employer will then have to decide what value the information is to their company and whether the actions of the employee is in fact causing them loss.
Should you speak to the employee first?
In certain situations it may be good practice to speak to the employee first and in some cases their new employer (if they are moving to another company rather than setting up on their own). However, this is up to the employer who may decide that the best course of action would simply be to apply for damages.

 

[vitality]

There is no law stopping people from saying where they work, the likes of facebook makes it easier to contact previous clients. As already stated you can put clauses in a contract which can prevent employees from working for your competition for a certain time period and opening a business of a similar kind for x amount of time. These type of clauses are quite common with hair and beauty salons to prevent ex employees from 'poaching' clients.

 

[natlou89]

This Is helping so thank you... She is going on maternity leave soon...do she still work at the salon therefore has assess to client cards with their details on and contact with the clients to talk to them and poach them when I am busy.

Any more info... Or advice if great thank you all x

 

[vitality]

Yes if she has access then I am sure she is physically capable of doing this. You can devise a contract stipulating your rules. Make it clear to her that you will take he to court f she breaches the contract. It is breach of the data protection act if she goes in and takes clients details, again make this clear to your staff.

 

[natlou89]

What about asking to add her on Facebook or asking for their contact details gave to face 'so she can keep intouch and every1 how the babys getting on.' ,???!

 

[persianista]

Really, call peninsula 0844 892 2772.They deal with this stuff all the time. They are not expensive and will come in, sort your contracts and deal with all staff problems for you. They are the best in the business.