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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48187
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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As a self employed hairdresser, with a contract with a large

Resolved Question:

As a self employed hairdresser, with a contract with a large care home company, who I pay rent to, can this company with hold my earnings cheque if I have iasues over the rent?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does your contract state they can do that?
Customer: replied 2 years ago.

No & I have never signed the contract either?

Expert:  Ben Jones replied 2 years ago.
So the rent is paid to the same company which pays your earnings?
Customer: replied 2 years ago.

Yes, I make the cheque out to bupa care services & the individual care home I work at take money from each residents personal allowance account & writes my a chq for the whole amount due on my invoice for the following wk, any problems at all that I have with them, cant be discussed as they just threaten everytime that they will not pay me, until I hand over my chq

they over paid me that mth by mistake & I didnt notice as I was holiday, then iff the following 2 wks poorly, they will not pay me now what I earned last wk until I have paid them the mistake & the rent, even though I haven't earned enough to pay it back in 1 go, also when the turn the water etc off in the salon & I am unable to work thet still charge me full rent, and with hold any of my earnings until I have paid

Expert:  Ben Jones replied 2 years ago.
As you are self employed you would not enjoy the sane protection as employees do in terms of having their wages withheld. Employees can pursue an employer if they stop their wages or make deductions from them when there is no written agreement to allow that, although overpayments are recoverable by law.
As you are self employed this legal protection would not apply to you. So the employer could try and offset any money you owe them from the amount they owe you. There is nothing stopping them from doing that. If you did not agree with what they have done then you may eventually consider making a small claims court claim against them to pursue the money you are owed. However at the same time they could make a counter claim for the money you owe them and you will find yourself in more or less the same position just got through court instead.
So this is something best resolved via negotiations with them. You could threaten to pull your services if you know they would rather not lose you. Also you can argue that they have acted in breach of contract if they do not supply the services needed for you to conduct your job such as water etc.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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