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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife works in a salon as a self employed stylist renting

Resolved Question:

My wife works in a salon as a self employed stylist renting a chair from the owner. She has decided to leave due to deteriorating relationship with the owner. She has always made out and maintained her own record cards. She is also covered by her own insurance. Before she move we have a couple of questions we cant find an answer to, can you help?
1. Do the cards belong to her or the owner?
2. Can / should she take them with her as she feels most of here clients will move to her new salon?
3. Can the owner insist that she leaves the cards for 'data protection or insurance cover reasons?
Regards
Martin Bunker
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is there any form of contract please?
Customer: replied 1 year ago.

No, there isn't a contract either wriiten or verbal.

Expert:  Ash replied 1 year ago.
Ok. Who makes the booking and gets payment?
Customer: replied 1 year ago.

My wife makes her bookings and takes her payments when the junior isn't in. a proportion of the amount she pays the owner is supposed to cover the cost of the junior.

Expert:  Ash replied 1 year ago.
1. Do the cards belong to her or the owner?
The cards then belong to her. She takes bookings, payment etc, therefore the cards belong to her and not the owner.
2. Can / should she take them with her as she feels most of here clients will move to her new salon?
Yes, unless there is anything in a contract (which you say does not exist) to prevent her.
3. Can the owner insist that she leaves the cards for 'data protection or insurance cover reasons?
No. The owner does not own the data, your wife does. They are 'her' clients.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

To clarify for us, the client record cards contain name address and colouring information. She has only taken her clients record cards. her clients are covered by her insurance only. They are made out on cards provided by the salon owner, as part of what she provides for the money she receives. Bookings are taken from my wife and other staff in the shop. All payments are taken and go in the till and my wife is paid her 50% of her takings at the end of the week. The salon owner has stated: Feel free to take down any info off of them, but they need to be returned, as she says it is due to the data act as they were made out at the salon, as she has to have original copies for insurance cover and client confidentiality. But as they are my wife's client's covered by my wife's insurance, she is responsible for them and keeping hold of the cards. Hope this is clearer.

Expert:  Ash replied 1 year ago.
Yes. Your wife can take them, she is responsible for them.
Does that help?
Alex
Customer: replied 1 year ago.

My wife has just asked if we can have the communication with yourself as if the question has come from her, instead of from myself. If I reword the questions can you reply as if to my wife. I'll put your additional questions into the original text. Sorry for the inconvenience.

Expert:  Ash replied 1 year ago.
Sure. Just let me know what else you need from me.
Alex
Customer: replied 1 year ago.

I work in a salon as a self employed stylist renting a chair from the owner. I have decided to leave due to deteriorating relationship with the owner. I have always made out and maintained my own record cards, and I am also covered by my own insurance. I don not have a contract with the owner either verbal or written. I also make bookings and take payments from my clients. Before I move I have a couple of questions that I cant find an answer to, can you help?
1. Do the cards belong to me or the owner?
2. Can / should I take them with me as I think most of my clients will move to my new salon?
3. Can the owner insist that I leave the cards for 'data protection or insurance cover reasons?

Regards

Angela Bunker



Optional Information:
System of Law: England-and-Wales

Already Tried:
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Expert:  Ash replied 1 year ago.
1. You
2. Yes
3. No
All of the above are for reasons given earlier in the question. Does that help Angela?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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