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JGM, Solicitor
Category: Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
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My daughter started working in a nail bar as a self employed

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My daughter started working in a nail bar as a self employed hairdresser. The owner of the nail bar is now asking her for £450.00 to cover 3 weeks rent. My daughter pays £30.00 per day for the chair. The owner was only opened 23rd december then closed till the 30th and 31st re-opened on the 5th. My daughters argument is because the buisness was closed how could she work. She is willing to pay for the days the shop was opened but the owner insists she wants the money or pack up her things and go by tomorrow. what is her legal right Please? Also my daughter asked for a key so she could work on a Monday when the shop was closed and was promised 1 and it never materialised.
Thank you for your question.
This is an issue of contract. What is the agreement about days the shop is closed? For example does has she paid in the past for Monday's when the shop isn't open?
Customer: replied 3 years ago.

no she pays 5 out of seven days and there is no written contract she does not pay for mondays because shop is shut. I need an answer by the morning because that is when she wants my daughter to go and we need to know our legal rights.

A verbal agreement is never ideal but if you look at the actings of the parties you can simply draw inferences as to what the intention of the parties was. In this case there is a history of no payment being made on days the shop was closed as well as the general agreement being for payment on a daily basis at a daily rate.
For that reason the owner is in breach of the agreement if she now seeks payment for closed days. If she sees fit to terminate the agreement and make your daughter leave then your daughter would have a claim for damages for loss of profit until she could reasonably re establish herself elsewhere.
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