Terms and conditions for self employed staff

[jinxy501]

How would you go about this? Does anybody have terms and conditions for self employed staff?
or contracts?
as a salon owner can you make self emplyed abide by cerain rules?

 

[joe90]

How would you go about this? Does anybody have terms and conditions for self employed staff?
or contracts?
as a salon owner can you make self emplyed abide by cerain rules?

I don't think you can have imposed terms and conditions as the position is "Self Employed" meaning they make their own rules about working hours, holidays etc.

 

[jes]

Hi, You can't make terms and conditions on how somebody, who's self employed, runs their business, but you can apply terms and conditions to their rental agreement/contract. So you can't tell them what holidays to take or what clients to work on etc, but you can make them responsible for keeping their area clean and tidy and impose a dress code etc

 

[jinxy501]

Hi, You can't make terms and conditions on how somebody, who's self employed, runs their business, but you can apply terms and conditions to their rental agreement/contract. So you can't tell them what holidays to take or what clients to work on etc, but you can make them responsible for keeping their area clean and tidy and impose a dress code etc

Ah thanks jes, yes thats along the lines of what i was thinking but i didnt know how to word it lol, rental agreement, do you have a copy of 1 that i could av a nosey at?

 

[jes]

Ah thanks jes, yes thats along the lines of what i was thinking but i didnt know how to word it lol, rental agreement, do you have a copy of 1 that i could av a nosey at?

I'm sorry, I don't have one to show you because I don't rent any space in my salon. Maybe somebody else could help?

 

[TheBack&Beyond]

IMHO - if there's a dispute and the contract's come out - it's all gone horribly wrong anyway! For legal advice - I'd choose a professional - it'll probably cost you less in the long run.

Jason.

 

[bombini]

Hi, You can't make terms and conditions on how somebody, who's self employed, runs their business, but you can apply terms and conditions to their rental agreement/contract. So you can't tell them what holidays to take or what clients to work on etc, but you can make them responsible for keeping their area clean and tidy and impose a dress code etc

Now thats interesting that you have mentioned dress code as I always believed that a self employed person has the right to wear what they like as they are running there own business.

I remember seeing an article in health and beauty magazine a few years ago wrote by a solicitor outlining several cases that had gone to court over a dispute about employment. Basically the salon owners were pretty much treating the therapists like employees, dictating everything from lunch breaks to salon uniforms and even what training they had to do. I can't remember the outcome but the salon owners lost and had to pay the therapists NI, Holiday pay etc. I think I might still have the article somewhere.

 

[persianista]

Too many salon owners try and use self employment as a cop out of paying holiday and NI.

You get caught doing it wrong, you get hammered for all the NI and hol pay.

The rules are very specific, but on this forum people usually give out the opposite advice!

I cannot understand why people don't read hmrc rules before they agree to % splits and shared card machines.

 

[jinxy501]

i hadnt even thought about the dress code, holidays, ni or anything like that but my MASSIVE issue is that i do not want anybody behaving in such a way that it affects the reputation of the salon, we have worked hard to acheive high standards and it will continue this way, we once had a girl who worked within the salon and at xmas time i was having to try and do my client, explain to her client why she had not arrived and ring the tech only to find out that she was still in bed!!!!
i just want to safe guard as much as possible so that the other tech and myself dont end up carrying a wardrobe around with us again! people ask us "is it hard to run your own business?" and we say "nah it just runs itself!" that was until we realised that we dont appreciate what we do for each other, we just take it as given that if there is a job that needs doing and 1 of us is free you do it and if we're both busy all day we do it at the end of the day or in our dinner break....simple or so we thought oh how wrong. i guess we're just lucky 13years of working together

 

[jinxy501]

Hi

There are good and bad points about self-employment and a contract will safeguard you and others. I would highly recommend you become a member of National Hair Federation, they have rental contracts on their site for beauty room and chair rental. They are complex but they really do set out all the legalities, which I have been given to understand is paramount. There are certain aspects that need to be covered, whether you are the renter or the rentee.

Hope this helps?

Debbie

Thanks debbi i will check it out x

 

[jes]

Now thats interesting that you have mentioned dress code as I always believed that a self employed person has the right to wear what they like as they are running there own business.

I remember seeing an article in health and beauty magazine a few years ago wrote by a solicitor outlining several cases that had gone to court over a dispute about employment. Basically the salon owners were pretty much treating the therapists like employees, dictating everything from lunch breaks to salon uniforms and even what training they had to do. I can't remember the outcome but the salon owners lost and had to pay the therapists NI, Holiday pay etc. I think I might still have the article somewhere.

I stand to be corrected, but surely there must be some basic dress code that could be added to a SE rental contract? Maybe something like 'professional and tidy appearance'? I certainly wouldn't want a therapist in my salon wearing scruffy jeans and t shirt:suprised:.

 

[makeupartistzoe]

I'm thinking about self employed people for my possible salon...

...I was thinking that it would be okay to do a basic handbook put together with everyones input about things like this like 'code of conduct' just to be respectful of each others business and working space. I think I understand if a self employed person wants to leave they could pretty much walk out whenever they wanted and if I wanted somebody out of my salon I could just tell them to get out??!

 

[persianista]

It is wise to remember that you are only renting space. If you want a say in standards, dress code, conduct, and working hours then a self employed person is not the way forward.
I rent one chair. She comes and goes as she pleases, uses her own products and equipment, dresses how she likes, and I do not treat her as an employee.
Basically our contract says that both sides require a months notice, she works within the published hours of the shop, has her own insurance, and provides everything except tea and cofee for her clients. She also handles all her own payments.

 

[Blue Rose]

i hadnt even thought about the dress code, holidays, ni or anything like that but my MASSIVE issue is that i do not want anybody behaving in such a way that it affects the reputation of the salon, we have worked hard to acheive high standards and it will continue this way, we once had a girl who worked within the salon and at xmas time i was having to try and do my client, explain to her client why she had not arrived and ring the tech only to find out that she was still in bed!!!!
i just want to safe guard as much as possible so that the other tech and myself dont end up carrying a wardrobe around with us again! people ask us "is it hard to run your own business?" and we say "nah it just runs itself!" that was until we realised that we dont appreciate what we do for each other, we just take it as given that if there is a job that needs doing and 1 of us is free you do it and if we're both busy all day we do it at the end of the day or in our dinner break....simple or so we thought oh how wrong. i guess we're just lucky 13years of working together

I would have thought your best bet then was to employ somebody. I've always employed my staff & wouldn't entertain the thought of having a self-employed therapist. But that's just me! My salon, my rules, lol

 

[jinxy501]

Thanks everybody for your advice and comments, its helped me a lot