Why is this person being difficult

[dawncbn]

Hi, sorry this is going to be a long one:cry:
I took over a salon that has been a hairdressers for nearly 40yrs. It has had several owners in that time span. I recently bought the leashold to it just a few weeks ago, after several months of negotiation.

The salon itself is a nice size but tired, and the back rooms are terrible. So I am spending a fortune to create beauty rooms, update the salon and give the staff somewhere decent to work in. Have to do all this to grow and to keep on our toes as there are 9 salons to compete with.

My problem is one of the staff who only works 13hrs, 9-4.30 on Wed and 9-3 on sat. She is causing trouble, ie is demanding being paid a bank holiday for wed 26th, even though she did her 13 hours albeit on different day, (mon 24th and sat) so she did not lose out at all. She is now saying that I have to take on her contract from the previous employer and she was getting 4 weeks paid holiday plus all bank holidays paid. Ok, she has been there 16yrs, (since she was 16), but she has not advanced herself. She doesn't do foils, or modern cuts, she will put in false clients to get away early. And yes you've guessed it, no written contract with the previous employer. None of the 7 staff had a written contract.

I phoned the goverenment employer place today, legally I only have to give this lady, 9.5 paid holidays a year. I dont have to give paid bank holidays and I can if I want include her paid holidays to be part of bank holidays. The government guy told me what she was entitled to regarding holidays etc but then told me to phone acas. Well that was a joke, the woman on the end of the line sounded as though she didn't have a clue. All she said to me was that I had to honough her contract. I said this was ridiculous as if it was only a verbal contract then she could say that she was promised 10 wks paid holiday and double time on bank holidays.......... I fully intend to stick by the law and I am going in next week with written contracts, you have to by law do this within 2 months of taking over.

I have read on the web that it is difficult to prove if it is only a verbal contract. The previous owner did nothing by the book, so I can't see her doing a contract at all. I dont think I am being unreasonable, I have always been fair and if this lady wants extra from me then surely she needs to prove herself to me. The only thing she has proved so far is that she is lazy, has bad habits and is not a very good hairdresser.

Help, does anybody understand where I am coming from? I have a staff meeting to get this out in the open as soon as I get back there. My manageress is angry about this too. She is on my side and can't belive this lady is behaving like this.:irked:

 

[Peter Pan]

yeah i would stick to your guns on this and do it all the right way - this woman wants to realise who actually owns the leasehold (you) AND that she could just be talking her way into the dole queue, (she could be surplus to requirements)...........

 

[Trinity]

Check out this link - it sets out your responsibilities as a new owner and her's as an employee of a new owner. It's all there in black and white, you can print it all off and use it in your staff meeting.

Responsibilities to employees if you buy or sell a business | Business Link

Good luck, remember, you are the Boss, not her. Time served does not equate to more important!!

 

[fifitrix]

My husband has read all this and is used to employment law and says, whether they have a written contract (which should be produced) or the said verbal contract. All you require to do is give any employee a 90 day notice to change a contract to whatever you deem fit.

As for holidays, he is not sure because all companies, contracts and "stamps" are different and he would need to see them and read the terms for them.

hth

 

[dawncbn]

My husband has read all this and is used to employment law and says, whether they have a written contract (which should be produced) or the said verbal contract. All you require to do is give any employee a 90 day notice to change a contract to whatever you deem fit.

As for holidays, he is not sure because all companies, contracts and "stamps" are different and he would need to see them and read the terms for them.

hth

Hi, thank you for this reply. Very interesting. I have tired eyes from reading websites:irked:
The lady in question has no written contract. I have contracts to take in with me on the 3rd Jan, which keeps me legal having to produce one within 2 months of taking over. She only works 13hrs so according to the HRMC website it is pro rata of 4.8 weeks. So she works 2 days and has the right to 9.6 paid holidays per annum. She is telling me that she has the right to 4 weeks paid leave and paid bank holidays. Not so. I am and do understand that she wants more than her entitlement as she has been there for 16yrs, but until she proves to me that she is valuble to the salon, 2 way street, then she will have to have what the law states. I sound like a right dragon but i was not expecting all this so soon especially as I am turning this all around to give them somewhere nice to work.

 

[the-hairdresser]

hi there, i completely understand where you are coming from on this one. i bought a salon last year which was fully staffed, the place was in a mess, the staff had no leadership and the clients didnt no whether they were coming or going. i bought the salon with the intention of doing it up, organising the staff and providing a proffessional salon for the clients. from day one the staff were completely against all my decisions, they battled with me at every opprtunity and eventually they all left bar two. one the manageress and the other a junior. the salon is now a much better place with the staff all behaving like staff not idiots and the salon is gorgeous. i did have a problem with the junior that was left and ended up dismissing her, i had her dad in the salon shouting and threatening me with solicitors. all i ever want is for the salon to be nice, a top quality service being given to the clients and for things to run smootly. this is never the case. all i can say to you is stick to your guns and dont let her demand anything. You are her boss and the sooner she realises that the better. sorry its such a long post but i find the only problem with running a salon is the staff you need to employ.
xxx

 

['chelle]

Hi
you REALLY need to stick to your guns, do everything to the letter of the law, and see an employment law solicitor/legal exec. TUPE/Transfer of employment, and general employment law provisions are complex, and the penalties to employers are severe. I would strongly suggest that you see a solicitor who will be able to outline your responsibilites, and draw up new contracts of employment for the staff. Good luck!!

 

[dackroyd]

In my salon I have part time and full time staff. Our contract states that "in addition to annual holidays you will be entitled to paid public holidays when the salon is closed if these fall as part of your basic working week." in other words if the part timer usually works Tuesdays then she would have been paid Xmas Day and New Years day this year. Hope this makes sense

Diane

 

[divalou]

isnt there some way of getting rid of her?
I know a lot of big companies who take over companies get around keeping the staff by re-interviewing the staff members, basically giving them 1st refusal, and then deided that they arent suitable for the job and give it to onther people.
Not sure how legal that is tho :S


But anyway, the only problem i can (probably naievly) see is the fact shes been there 16 years, so she may be able to argue for redundancy. I can t see why you'd want to keep someone on like that anyway, she'd definately be trouble.

However i would tread very carefully as at my old aslon, one woman who was a complete evil bitch, left pregnant, literally disappeared one day then tried to file for Constructive Dismissal and then Sexual Discrimination - it would never have stood up but its hassle you dont need.

 

[marioned]

Does she mean 4 weeks = 5x4=20 days,
or does she mean 4 weeks = 2 days she does works x4 =8 days?

 

[Kelpie]

Seriously, I would cut this woman away. The die has been cast here.

Having been in a situation where a business was purchased during my employ, all contracts were negotiated before the takeover and the transition went smoothly. There is simply no room for all this last minute bizzo.

It's obvious she doesn't want to play the game.
You have a business to run.
Perhaps someone should remind her of that.

 

[dawncbn]

Does she mean 4 weeks = 5x4=20 days,
or does she mean 4 weeks = 2 days she does works x4 =8 days?

She means the full 4 weeks. I have told her she is only entitled to 9.5 days which I am rounding up to 10 days.
I have done everything through a solicitor, purchase of the lease etc. I was supposed to have been provided with details of all employees by the vendor but i got nothing. It was on one of my last visits to the premises before it became mine that I asked the staff for the private details.
I have been looking forward to taking this place on but this is just extra stress and time that I should be putting into the business not into this nonesense. I am all for rules but heavens sake this tupe stuff is all for the employee, what about rights for the employer? I think a written contract is black and white and you cant argue with it. But to be told by ACAS that if she had a verbal agreement then that was ok. I told the person in ACAS that that was a ridiculous thing to say and as they could say anything, with bells on it. I keep reading on all the official websites that a verbal agreement would be dificult to prove in a court, so why do they try and bother? This lady would get no support from the old employer, she didn't go to the salon for 2 yrs, just left it to the manageress.