Everyday legal issues affecting salon staff
Managing a team can be one of the most challenging and time consuming aspects of your role as a salon owner or manager.
We asked David Wright, who advises Habia and a range of salons on legal issues, to answer some of the everyday queries that can arise in any salon.
A member of staff has handed in one month's notice. She has two weeks' holiday remaining. I want her to use her holiday in her notice, but she is refusing and says she wishes to be paid.
You are right. While there are rules about the time period for requesting leave to be taken, in this case you would unnecessarily be paying an extra two weeks' salary.
The whole principle of the European Working Time Directive was that staff should have paid holidays so that they could 'rest' during normal working hours and a recent tribunal has reinforced this principle.
I have decided that I can no longer afford to have a receptionist at the salon. The post holder has been with me for 15 months. What would be the costs?
Firstly, it is important you follow the necessary procedure involving consultation with the employee.
Redundancy is a dismissal with the need for a formal meeting and she has a right of appeal.
Employees need two years' continuous service to be entitled to a redundancy payment and your receptionist would be entitled to her notice of one week only.
After four weeks a new employee has been late three times and off sick once. I have a probationary period of three months, but haven't yet given her a contract. Can I end her employment?
There are a few issues here. While employees must have a contract within eight weeks of appointment I recommend they are issued before they take up the post so they are clear of your expectations (will she even know there is a probationary period?).
Secondly, I feel your probationary period is far too short. Having said that, you can decide 'not to confirm her employment in her probationary period'.
You should meet her and explain the decision. Ideally, I would confirm your decision in writing and offer her a right of appeal.
An existing childless employee has requested flexible working - to start at 10am rather than 9am and reduce her hours by five per week. Do I have to say yes?
There is a process to follow for staff who request flexible working hours, but as you say the stylist does not have children or any other caring responsibilities she has no legal right to her request.
That doesn't mean a salon wouldn't necessarily consider trying to accommodate the request. In this case the request was to enable her to 'have an extra hour in bed'!
This wasn't particularly persuasive and unless 9-10am is historically quiet and you want to save costs, you can firmly decline this request.
I have just given my Saturday worker a full-time post after he has finished at college. However, he suggests that his start date should be from the time he started his Saturdays and not the date he started full-time. Is he right?
He is. All staff require a contract of employment. While his current post may have commenced recently, his contract of employment should indicate he has previous continuous service.
The only implication is that if he were to be dismissed his notice would be longer as he would already have two years' service.
He has also already achieved more than the one year's service, which gives him the right to access an employment tribunal if he felt he was unfairly dismissed.
I have just been informed that one of my full-time staff is pregnant. I am really worried about the cost as she says she is entitled to a year's maternity pay. Is she right?
She is half right, but I don't think you need worry too much. She is entitled to six weeks' maternity at nine-tenths of her normal pay. This is a cost to the salon.
After that she is entitled to 33 weeks further paid maternity leave, but you pay her statutory maternity (currently £117.18) and recover this via your National Insurance contributions. There is potentially a further period of 13 weeks' unpaid maternity leave.
I have two other issues to draw to your attention. A hidden cost is that she will accrue holidays and entitlement during her maternity leave.
Secondly, you may not be aware that she can, by arrangement, work for up to 10 days at the salon on normal pay, during her maternity leave. This might be a means of retaining key clients.
I know the new minimum holiday entitlement is 28 days from April 2009. Currently I give 24 days, but my leave year runs from January to December. Do I now give 28 days?
You can if you wish, but technically the additional four days a year don't start until April. In your case the existing 24 days minimum applies for a quarter of your leave year.
Therefore, in 2009 your staff could be given 27 days, rising to 28 in January 2010.
