Staff

[julier]

Hi everyone
I have recently taken over a business - going a lot better than expected!
as part of the contract the full time girl that previously worked there had to be kept on- she's good at her job so I had no problem with that

However! A week in and I have just found out she runs her own beauty business from home! And has been building it up for a few years - why I am only just being told this I don't know!

Has anyone else been in this situation? Any ideas on what goes into the contract to safe guard my business?

TIA x

 

[krum]

Does she live very close to the salon? If she hasn't been poaching so far why would she now. She clearly wants both jobs. Just put in her contract that she cannot advertise her other services in your salon.

 

[Beansy]

Congratulations on the new business. Unfortunately you can't just change her terms and conditions of employment (assuming she's employed), she's subject to TUPE which means everything transfers her as it was from her previous employer.
As this has been allowed over a number of years, it might be difficult to change.
If you do want to change them you have to have a period of consultation and she has the right to refuse changes.

I'd suggest having a chat with ACAS.

I guess the other issue is around your due diligence process- why wasn't it picked up before now? It might be worth going back to your solicitor to raise it as a concern.

Good luck

 

[BettyBaa1994]

Hi everyone
I have recently taken over a business - going a lot better than expected!
as part of the contract the full time girl that previously worked there had to be kept on- she's good at her job so I had no problem with that

However! A week in and I have just found out she runs her own beauty business from home! And has been building it up for a few years - why I am only just being told this I don't know!

Has anyone else been in this situation? Any ideas on what goes into the contract to safe guard my business?

TIA x

As another posted has said if she is not poaching then I would not worry, if you are really scared mutually agree to alter the contract to state clients belong to the salon and therapists may not advertise and solicit services and clearly state the punishment for such an offence, if she poaches you could take it to a small claims court or tribunal.
Then if still feeling a bit wary when clients book/ put signs around salon stating their
personal details are secured and kept private under the data protection act 1998 and will never be given to third parties/ individual therapists to use. If you find yourself being contacted please present us with any correspondence and notify a member of staff/ (your personal email) for us to rectify this situation and offer money off for any trouble it has caused them.

This way you will have proof if anyone does it which is necessary if you wish to prosecute and I doubt anyone would risk the fine, being sued for a few clients if they already have a home beauty business.

 

[BettyBaa1994]

Congratulations on the new business. Unfortunately you can't just change her terms and conditions of employment (assuming she's employed), she's subject to TUPE which means everything transfers her as it was from her previous employer.
As this has been allowed over a number of years, it might be difficult to change.
If you do want to change them you have to have a period of consultation and she has the right to refuse changes.

I'd suggest having a chat with ACAS.

I guess the other issue is around your due diligence process- why wasn't it picked up before now? It might be worth going back to your solicitor to raise it as a concern.

Good luck

You could change a contract if they mutually agree however i.e adding a clause that prevents poaching/soliciting.

 

[julier]

Thank you so much you have all been such a great help!

She is self employed so I don't really have much control over it however she had a contract of hours etc before so I can add something into the new contract about not advertising in the salon

Thank you again! X

 

[BettyBaa1994]

Thank you so much you have all been such a great help!

She is self employed so I don't really have much control over it however she had a contract of hours etc before so I can add something into the new contract about not advertising in the salon

Thank you again! X

Then I would be wary as within the UK unsure of other regions if she is self-employed the clients are hers. When she leaves she can take them with her as she has the details.

 

[TanBird]

If she's self-employed, I'm not sure the "contract" about the hours she works can be enforced.
You can't force a self-employed person to work the hours you want, though of course you can agree to cooperate.

She certainly wouldn't be protected by a TUPE agreement; and you could ask her to leave any time you want if she's self-employed.

I am NOT an expert on employment law.

Sounds like you do need to speak to someone who is, as whether she's actually self-employed is open to question.

 

[Beansy]

You could change a contract if they mutually agree however i.e adding a clause that prevents poaching/soliciting.

Thank you. Yes, I do understand that (Ive TUPE transferred a lot of staff!)! Maybe I didn't say that explicitly but I said that she has the option not to agree (implying that she has the option to agree.....).
Thanks for the prompt, reminder for a future post

 

[Hairyclairey]

http://www.quantrills.com/for-emplo...ganisations/who-and-what-transfers-under-tupe

If you read this it clearly states that if self employed then tupe will not apply, so I'm guessing you can ask her to leave and not have to keep her on, this can also mean you can change her contract and she can take it or lump it I guess [emoji53] definitely contact acas good luck x