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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My wife works in a hairdressers with a few other girls on a

Customer Question

My wife works in a hairdressers with a few other girls on a "self employed" basis. She has her own clients and the boss takes a cut of what she earns. However, her boss rules the salon with an iron fist. She tell's the girls when to work and if they don't have any clients in, rather than being able to leave until their next client arrives, she makes them stay and clean the salon or man the reception desk etc, even though they aren't earning money for being there.

So my question is, is this even legal!? From what I can see the boss is having the benefit of not formally employing the girls and yet wants to treat them as employees.
Thanks in advance for any help
Neil
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Is there any contract?
Customer: replied 3 years ago.

not yet, i believe that she is getting one any day though

Expert:  UK-Justice replied 3 years ago.
The answer sadly is yes.

This is because at the moment she is there on licence.

That means there is no protection and the licence can be terminated at any time for whatever reason.

There is no protection as yet - once she gets a contract then that should specify each parties rights and responsibilities.

Both parties would have to act in accordance with that contract.

But until there is a contract, yes the owner can pretty much do what she wants as there is only a licence.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.




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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
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Expert:  Ben Jones replied 3 years ago.
Good afternoon, there is a lot more to consider than what has been said so far. They may be labelled as being self employed but that does not mean that they are actually working on a self employed basis. Establishing one's employment status is not an easy task, although following years of case law, a number of established factors have generally been accepted as a reasonably accurate way of establishing whether someone is an employee or self employed.The tests that are most commonly used can be found here: http://www.hmrc.gov.uk/employment-status/index.htm#1. Many hairdressers can be genuinely self employed but others can also be employees purely based on how they are treated by their employer. If she can show that she is actually an employee then she will be treated as one and her rights will be better than if she was self employed. For example she would be entitled to receive the minimum wage which would be calculated based on the average hours she works and her pay for that time. It means she has to be paid the legal minimum for the time she is there and working for the employer.

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