Independent contractor in salon and taking holiday

[AcidPerm]

I’ve edited it to remove identifying information as you shouldn’t post things like that on the web.

However, I’ve left it mostly intact as it’s a fantastic example of a nonsense contract that occurs when someone without adequate legal training gets hold of a sample contract and attempts to edit it to suit their requirements.

It is legally unenforceable so she’s wasting her time relying on it.

 

[gemmaloutaylor]

Contact ACAS for advice.

If it was me, I’d probably write to her telling her I intend to sue her for unfair dismissal as I believe that it was a sham employment arrangement.
I suspect she might then have second thoughts about keeping the certificates.

Hiya, I have just added a copy of the agreement we had, I don't suppose you could give some advise? I just want my certificates. I know she paid for the courses but it was not my choice to terminate the contract therefore I don't think I should be being charged for them.

 

[AcidPerm]

It is also fantastic evidence that proves that it is a sham employment arrangement. She’s done HMRC’s job for them....

 

[AcidPerm]

Just tell her you will be reporting her to HMRC for treating you as an employed person but without paying you NMW or holiday pay, pension payments etc.

 

[gemmaloutaylor]

It is also fantastic evidence that proves that it is a sham employment arrangement. She’s done HMRC’s job for them....

What would you suggest I do, if you don't mind me asking?

 

[gemmaloutaylor]

I have now just had the following message from her.

'I have seeked advice from a professor of employment law and she said I am totally within my rights to do what I have done. I have also checked with nail harmony who you trained with and they have a legal department who also confirm that you are not legally entitled to your qualifications and will not issue you copies without my consent.'

 

[Trinity]

I have now just had the following message from her.

'I have seeked advice from a professor of employment law and she said I am totally within my rights to do what I have done. I have also checked with nail harmony who you trained with and they have a legal department who also confirm that you are not legally entitled to your qualifications and will not issue you copies without my consent.'

She's telling lies, and you were not 'an employee' you are self employed - so whoever this professor is they're full of s**t too because they would have immediately told her the contract doesn't hold water.

There is not easy out come to this, it's mess, unfair and unpleasant for everyone involved. If you want to come out of it with some kind of sanity I'd offer to pay half for the training course and walk away. Yes she has terminated the agreement, against the agreed terms, but she's not going to back down easily and she has the upper hand as she holds the certificates you want/need.

Or you tell her to keep them and go on the courses again, paid for by you then no-one can take them from you. You're not out of pocket in the end.

 

[gemmaloutaylor]

It's so frustrating I know I should walk away and just re do them myself but at the same time I know she is wrong and the contract is all wrong and I want to prove her wrong. I don't want her to get away with doing this to someone else.

 

[Eloise86]

It's so frustrating I know I should walk away and just re do them myself but at the same time I know she is wrong and the contract is all wrong and I want to prove her wrong. I don't want her to get away with doing this to someone else.

You are in the right and she is in the wrong.... however I would walk away, it’s not healthy.... it will take a long time to pursue and I dont think I’d personally have the energy... good luck whatever you decide to do x

 

[AcidPerm]

Write to Nail Harmony and explain that following your attempts to get your certificate re-issued you are now requesting details of all data they hold on you, as is your right under the General Data Protection Regulations 2018.
They may charge you a nominal fee but they are legally obliged to provide this information.
Presumably, this information will have to include the fact that a pass certificate was issued.

They may decide it’s easier to re-issue the certificate, if they’ve got any sense.

Also, your former employer is telling you bare faced lies. Any employment lawyer reading that contract will likely have an accident from laughing so hard. It is so badly drafted, it’s almost hysterical.

On the one hand she’s stating you’re self employed and responsible for your own tax affairs, then she’s paying for training and inserting a payback clause then she’s trying to determine your prices according to what she feels is reasonable.

Total nonsense from start to finish.

 

[Trinity]

It's so frustrating I know I should walk away and just re do them myself but at the same time I know she is wrong and the contract is all wrong and I want to prove her wrong. I don't want her to get away with doing this to someone else.

I know it's hard but you are not going to prove her wrong, clearly we can all see that she's in the wrong, but she will never admit it and you will drive yourself crazy trying to get her to agree to your point of view. She's not rational, she wouldn't have behaved the way she has so far if she was and that's not going to change, especially if it means she has to admit she's in the wrong. No, I'm sure you don't want it to happen to anyone else but that's not your fight for today. You need to sort out your own situation, you need to find a new place to work from, being a huge success is your best revenge.

 

[gemmaloutaylor]

She now wants to take this through the courts

 

[Eloise86]

She now wants to take this through the courts

Let her then... she’ll end up owing you holiday pay, pensions, compensation etc. Xx

 

[Eloise86]

Let her then... she’ll end up owing you holiday pay, pensions, compensation etc. Xx

Also why is she seeking advice from employment law specialists when you’re self employed? [emoji23].... she’s kinda just admitted that she had you as an employee and wasn’t paying you any of employee entitlements. Make sure you keep everything that she sends as evidence. Also I agree with haircutz regarding the certificates. Due to new gdpr rules and regulations I would of thought they have to give them to you as it’s about you. It has your name on it x

 

[Trinity]

She now wants to take this through the courts

Take what? She terminated the contract. Seriously, walk away for your own sanity

 

[Eloise86]

Take what? She terminated the contract. Seriously, walk away for your own sanity

Bit hard to walk away if the lady is sueing her.... x

 

[gemmaloutaylor]

Write to Nail Harmony and explain that following your attempts to get your certificate re-issued you are now requesting details of all data they hold on you, as is your right under the General Data Protection Regulations 2018.
They may charge you a nominal fee but they are legally obliged to provide this information.
Presumably, this information will have to include the fact that a pass certificate was issued.

They may decide it’s easier to re-issue the certificate, if they’ve got any sense.

Also, your former employer is telling you bare faced lies. Any employment lawyer reading that contract will likely have an accident from laughing so hard. It is so badly drafted, it’s almost hysterical.

On the one hand she’s stating you’re self employed and responsible for your own tax affairs, then she’s paying for training and inserting a payback clause then she’s trying to determine your prices according to what she feels is reasonable.

Total nonsense from start to finish.

OMG of course! GDPR!! Thank you!

 

[Trinity]

Bit hard to walk away if the lady is sueing her.... x

She's threatening to, time will tell if she actually goes through with it, which I sorely doubt. If Gemma stops communicating with her I suspect the threats will stop too. And I'm still not sure what exactly the salon owner wants to sue for? Loss of income??