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BlushBeau

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May 13, 2020
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I would like some advice please....... bare with me while I give the back story......
I’ve worked in a salon for 2.5years now on a self employed basis.....being paid commission for the treatments I did. Around 60% of the clients were already going to the salon when I started, and approximately 40% came since I’ve been there. A lot of the existing clients have been going since the owner opened 10 years ago.
I became quite good friends with owner and we worked well together, generally splitting the clients equally. She was fair in that way. However just before Christmas she express she had money troubles (personal debt) and the salon began to suffer. Cutting back on products ect. I would be paid in instalments. I was worried so thought about other options. Then this covid-19 thing happened and we temporarily closed.....this week I received a text message.....yes a text, unprofessional in my eyes, saying that after speaking to bank and accountant she cannot financially re open the salon. I asked her what her plans were going forward but she’s been rather vague and said maybe rent a chair somewhere and get a part time job.
I’m unsure if she plans to just carry on at home or mobile.
She has asked me not to put anything on social media till all this is over regarding closing. But I know there will be a lot of clients desperate for there treatments and need to organised and ready.

I have found premises to work from but I’m struggling with the morals of contacting clients. Since she’s stated she closing I would presume it to be ok????


Any advice will be gratefully received.
Xxxx
 
I do feel for you and I am not sure if I can help but from my experience even with contracts specifically saying that you cannot approach clients after you leave, people often do. It’s happened to me before and there wasn’t a great deal I can do. I do think these days, that its very easy for a client to find you if you are able to offer them a treatment and they want to come to you, because of social media. My first thought was that this lady was being a little unfair, but we never know what is going on in someone else’s life. She might be really struggling. However, you have to look after yourself and it looks like you might still have a few weeks before we can actively plan re-starting work. Word will get around if you do re-open somewhere else. Good luck. I hope it all works out for you and sorry I can’t be any more specific. X
 
Sad situation but she should never have been taking your money and giving you the percentage. It should have been the other way around.

Anyway, that doesn’t really matter now and you do have to think about putting yourself first.

You can announce you are moving your business to different premises without saying anything about the current place closing etc. Just say nothing at all on that front as it’s irrelevant. It’s just a case of ‘when I reopen it will be from X’.

If anyone asks, give zero details. Just say it’s a better place for my business to be.

If you’ve seen the client then they’re your client too. You should have all their details and client record cards yourself for insurance purposes anyway. So there is no issue with reaching out but normally doing your own announcement of your change will suffice.
 
I do feel for you and I am not sure if I can help but from my experience even with contracts specifically saying that you cannot approach clients after you leave, people often do.

I think you’re referring to non-competition clauses in employment contracts which are often unenforceable due to poor drafting, but don’t apply in this case as the OP is self employed, so all the clients she services are legally HER clients.
 
https://www.salongeek.com/threads/hmrc-guidelines-for-determining-self-employment.295298/
OP, read the above guidelines and use them when negotiating with your new salon owner.
Make sure you handle your client money in future and don’t let the salon owner put it through the till.

You can’t really operate as if you’re a joint business venture unless you take steps to set up a legal partnership agreement, therefore, you’re likely to be working as a sole trader.
The clients your saw are legally your clients so you’re entitled to contact them assuming they haven’t opted out of being contacted when you collected their details? As a self employed chair renter, you have legal obligations under the GDPR 2018 to keep your client data private and not to share it with the salon owner, so please be more careful in future.
 

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