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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am working as self employed massage and beauty therapist

Resolved Question:

I am working as self employed massage and beauty therapist renting a room within a (chain of) clinic which also has a retail store operating. I have been there since beginning of 2012. It is my responsibility to make sure I am qualified and ensured, but the head office has to approve all treatments I offer. I have not had any problems, I have licence agreement and my certificates are all recognised by insurer, embody, government and local council.
The head office office suddenly decided I am not qualified in a specific treatment (facial) and suspended my right to practice without any notice. They have approved and signed all documents until this date. I have provided them all documents to prove this is the case, but they are reluctant to accept this. There are many other therapist working in the same clinic and they have not had any problems. I feel this is personal attack against me without any foundation.
As I am self employed this has a huge impact on my business (website, social media, leaflets etc etc) both financially and it makes me look unprofessional to my clients. Do I have a leg to stand on?
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.
Hello my name is ***** ***** I will help you.
What is in the contract you have with this company as to what qualifications please?
Customer: replied 12 months ago.
I have a rental agreement with the company. I rent a room to provide massage and facial services
Expert:  Ash replied 12 months ago.
What does that agreement say about qualifications and who says they are valid, if anything?
Customer: replied 12 months ago.
It says they need to be approved by the company I am renting my room from and they have done that so far without any problems, since 2012
Expert:  Ash replied 12 months ago.
Ok - they approved all treatments before? Did they approve facials previously? Does the agreement allow them to revoke that approval?
Customer: replied 12 months ago.
Yes they have approved everything since 2012. the contract does not say anything about revoking previous approval
Expert:  Ash replied 12 months ago.
Ok - well I cant see how they can. If they agreed with it in 2012 and there has been no issues I cant see how they can change their mind,Further the contract does not allow them to revoke it, permission is needed to start with. Therefore they are going outside the remit of the contract and as such in breach of contract. You need to write and set out your losses and request they reinstate or compensate for loss of earnings within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.You can also seek a declaration from the Court that they are NOT entitled to revoke any permission once it has been given in accordance with the contract.Can I clarify anything for you about this today please?Alex
Customer: replied 12 months ago.
Thank you Alex. This is exactly as I thought. Thank you for your help
Expert:  Ash replied 12 months ago.
No problem. If I could ask you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you. All the best with this. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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