if there is a member of staff in a self-employed status that is taking clients home to do privately on the sly, is there anything legally that can be done about it, especially if they eventually leave taking there clients with them. bearing in mind that it is self employed and they have no contract. thanks for advise
stealing clients
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kelly!!
Well-Known Member
Iam not sure but if there is no contract iam not sure anythink can be done or tho its not on try talking to the person first
It is totally up to the clients if they follow that person.... i am of the opinion that customers although they in to come in the salon they will return because of the person that gave them the treatment.... so really they are her clients not the salons with the aception of customers who already were coming in that case they probably wont follow her anyway
I doubt it hun...especially without anything in writing.
estherlou
Well-Known Member
i may be wrong but if they are self employed i don't think there is much you can do, to avoid this you would need to employ your staff otherwise they don't really have any obligation to you except to pay you the percentage you work out between yourselves, self employed means just that unless you have specifics written up at the start of your arrangement to state otherwise. seems harsh but as a self employed person she is running her business in the same way as you, i would suggest that if you're happy with her in your team, give her the opportunity of job security and a full contract as an employed member of staff, good luck hunxx
Cathie!
Well-Known Member
If she is self employed, the clients she has belong to her business, not your business, if she were employed then the clients would be those of your salon and your business and if you had a contract in place she shouldn't be able to take them with her.
That's why employed people in this business, on handing in their notice disappear from the salon pretty quickly and when asked where so and so has gone, they never know.
Contractually, with the not working within an x mile distance clause probably wouldn't stand the distance in a court and I'm sure most small business wouldn't take it to court because the legal costs would outweigh the clients who had left with the leaving employee.
That's why employed people in this business, on handing in their notice disappear from the salon pretty quickly and when asked where so and so has gone, they never know.
Contractually, with the not working within an x mile distance clause probably wouldn't stand the distance in a court and I'm sure most small business wouldn't take it to court because the legal costs would outweigh the clients who had left with the leaving employee.
Susie H
Well-Known Member
Well Angel fingers and I have been that self employed tech. We Paid rent for the space, paid our own NI and Tax and used our own products. The owner of the business we rented space from (Angel was there before me) was of the opinion that they were her clients.
Not so her business was renting space, my business was nail enhancements.
Had she been my employer and I'd left then yes she would have a right to tell me not to tell clients where I was going, but even then usually clients come for a tech who's style they like, not the salon and tend to follow the tech if they can rather then switch to a different tech. You don't own clients and can't force them to stay.
Not so her business was renting space, my business was nail enhancements.
Had she been my employer and I'd left then yes she would have a right to tell me not to tell clients where I was going, but even then usually clients come for a tech who's style they like, not the salon and tend to follow the tech if they can rather then switch to a different tech. You don't own clients and can't force them to stay.
Peter Bowen
Member
It's a worldwide problem and the best is to do something about it either way.
If you're the owner you must make sure that the clients develop a relationship with you - especially if you're the one paying for the advertising!
I think most people have seen salon's take a dip when the best stylist or technician went to work for the competition. But, a staged walk-out by a couple of your employees or independents can trigger a shut down - sure it might take a couple of months to notice that you're actually in trouble but with the low profit margins most salons operate on it happens fast once it starts.
Owners need to establish a relationship with each client. It doesn't happen automatically because the stylist or tech spends most of their time with the client so it needs to be built in to the way you do business.
Here are some of the ways we've seen salon owners build stronger relationships with their clients:
Birthday greetings - from the salon.
Following up - by the owner.
Personal contact and welcome of first time clients by the owner.
Appointment reminders - from the salon.
No show follow-ups - from the salon again.
You could never do all of this yourself in a busy salon - we ended up having to harness a little computer technology to make it happen but luckily these days that's not expensive or difficult.
Obviously if you're an independent stylist or technician you've got to think like an owner and do the same kind of things.
If you're the owner you must make sure that the clients develop a relationship with you - especially if you're the one paying for the advertising!
I think most people have seen salon's take a dip when the best stylist or technician went to work for the competition. But, a staged walk-out by a couple of your employees or independents can trigger a shut down - sure it might take a couple of months to notice that you're actually in trouble but with the low profit margins most salons operate on it happens fast once it starts.
Owners need to establish a relationship with each client. It doesn't happen automatically because the stylist or tech spends most of their time with the client so it needs to be built in to the way you do business.
Here are some of the ways we've seen salon owners build stronger relationships with their clients:
Birthday greetings - from the salon.
Following up - by the owner.
Personal contact and welcome of first time clients by the owner.
Appointment reminders - from the salon.
No show follow-ups - from the salon again.
You could never do all of this yourself in a busy salon - we ended up having to harness a little computer technology to make it happen but luckily these days that's not expensive or difficult.
Obviously if you're an independent stylist or technician you've got to think like an owner and do the same kind of things.
tinkywinky
Well-Known Member
If there is no contract then I don't think there would be anything you could do.
When I worked at a salon I was bombarded with people asking me if I did do mobile, they kind of pressure you if they like you.
It's not a nice position to be in for you though I'd have a word.
Hope it gets sorted.
When I worked at a salon I was bombarded with people asking me if I did do mobile, they kind of pressure you if they like you.
It's not a nice position to be in for you though I'd have a word.
Hope it gets sorted.
thank you for the advice guys, its not my buisness i was asking on behalf of my employer, as she has a suspition about another member of staff. i did tell her that there was probably nothing she could do but thought id ask you guys just to be sure.
thanks again x x
thanks again x x
Kim Lawless
Grande Dame of the Brazilian Wax for Men and Women
I don't think that clients can be 'stolen'. It's usually the client who asks the therapist if they can have their number so although it's pain, I don't think that you can do much. It happens all the time in salons. xxx
I know this doesn't answer your question... but sadly, welcome to the wonderful world on nail teks in the salon. Clients come to the salon due to the salon't reputation... sly ones will say "hey I'll do you at home for 1/2 the price" and then nick your product to boot...
Sadly it happens a lot and unless they sign contracts before they are taken on... I 'm not sure much can be done!:!:
