Self employed stylist

[Nina chapman]

Hi.
I have been working in a salon for 3 months. It is on a self employed basis. 60/40% but she guarantees a £220 Wage a week if I don't make that money in a week. Anything over £220 i get 40%. She also takes £15 off me for any colour i do. I work part time 3.5 days a week which was agreed on interview.
Yesterday she told me that I have to be on standby to work on my days I don't work if someone calls in sick/staff holiday. She said that even if I have anything planned I have to cancel them and come in. Even if it is a pre booked holiday unless going abroad I have to cancel and come into work if the business needs me sickness/other staff holidays. Is this correct?
She also only gets me to sign an invoice for part of the money she pays me is this correct? Sorry for the question but this is the first time I have been self employed

 

[Eloise86]

I would class it as employed as would hmrc no doubt. She shouldn’t be paying you anything at all. All monies should be paid directly to you then you give her what you owe her each week or month. The days you work and any agreements ie salons accessible hours, rent free weeks, what your rental includes/ doesn’t include should be stated and written up in a ‘terms and conditions’. So there is no confusion and everyone knows where they stand xx

 

[Nina chapman]

I would class it as employed as would hmrc no doubt. She shouldn’t be paying you anything at all. All monies should be paid directly to you then you give her what you owe her each week or month. The days you work and any agreements ie salons accessible hours, rent free weeks, what your rental includes/ doesn’t include should be stated and written up in a ‘terms and conditions’. So there is no confusion and everyone knows where they stand xx

Thank you for your reply. She calls it self employed. I have to pay my own tax and ni. I also have to provide my own insurance. No sick pay no holiday pay. The money goes in the till and we write a ticket with the clients name and amount. She adds it up daily and then works out what the 40% would be. If over £220 She pays the 40% I have earnt and keeps the 60%. On the invoice she gets me to sign she put it down as £136 She has given me instead of the full amount. She calls it sub contracting. On my books I put the full amount down.

 

[user 111574]

Time to have a chat with the tax people! This is not how a self employed person should be working.
Phone them up, they are actually very helpful.

 

[Eloise86]

Thank you for your reply. She calls it self employed. I have to pay my own tax and ni. I also have to provide my own insurance. No sick pay no holiday pay. The money goes in the till and we write a ticket with the clients name and amount. She adds it up daily and then works out what the 40% would be. If over £220 She pays the 40% I have earnt and keeps the 60%. On the invoice she gets me to sign she put it down as £136 She has given me instead of the full amount. She calls it sub contracting. On my books I put the full amount down.

Yes it’s not self employment... when your self employed if your not busy you won’t take much but when you’re busy you will. I ended up setting up on my own as there were far too many dos and don’t rules of renting a chair.

 

[AcidPerm]

Read this thread and then give ACAS a call for advice. The numbers at the bottom of the first post on the thread.

https://www.salongeek.com/threads/hmrc-guidelines-for-determining-self-employment.295298/

 

[Nina chapman]

Thanks for your comments. I will talk to the tax people and see what they say.
So does she have a right to make me come in and cancel my plans on my days off?

 

[AcidPerm]

No, you’re self employed as an independent business owner.
She is simply your landlady so cannot dictate what hours/days you work.
You should also be keeping all you own client records. If she is keeping them, that’s illegal.

 

[Nina chapman]

No, you’re self employed as an independent business owner.
She is simply your landlady so cannot dictate what hours/days you work.
You should also be keeping all you own client records. If she is keeping them, that’s illegal.

Yes she does keep all the client records. That's what I thought that she can make me come in but she says as she is paying me she has a right even though I am self employed. She calls it sub contract because she guarantees a £220 a week take home. But I pay all my tax and ni.

 

[Eloise86]

The lady I used to rent off did this and when I left she let me photocopy them but she wasn’t happy about it but she said they were her records. If you stay there, but your own record cards and keep your own records separately, cz photocopying them all was a ball ache. And no she can’t tell you to cancel your plans as you’re just running your business from her premises. She shouldn’t be paying you that £220 a week at all. If you’re not busy that’s your problem but you will reep the benefits when busy. If she is seen to be employing you by hmrc she will be liable for your pension and holiday owed Xxx