Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Help! DD getting sued for £1Million for rubbish hair do!

133 replies

dolldaggabuzzbuzz · 30/07/2011 20:48

Eldest DD has just phoned from her bf's house in floods of tears. She recently qualified as a hairdresser and had just started her first job as a 'self employed hairstylist' last Monday. She should have received her first wages today. She won't be receiving anything this week. She has done a perm today on a lady who insisted on having it done despite DD advising her that her hair was not in good enough condition and the end result would not be good. DD should not have gone ahead but she did and the result was worse than she had expected. The lady's hair broke and had to be cut an inch short. The lady is going to sue DD. I have tried to reassure devastated DD over the phone. What should she do now?

OP posts:
HeIsSpartacus · 30/07/2011 22:28

doll Post a link to this thread in the employment section - there's a number of sound employment lawyers over there (am a lawyer but have a rusty masters in employment but there are others over there with good current up to date knowledge)

So rusty disclaimer up front (!) I would agree with other posters saying there is definitely a big question mark over DD's employment status and this matters because whether she is employed by the salon or not will determine who should have what insurance etc.

Things that make DD an employee

Withholding 'wages'
Contractual hours

Things that suggest she is self-employed

Pays own NI & Tax (IR35 Taxation rule applies)
Paying rent for the chair

What are the wierd things in the contract? They could help with sorting out her employment status.

Is there a local law centre you can go to? Often best to phone in advance and see when/if they have any employment experts available at particular times. Will try and find a link for the Law Centre Federation thingy.

Best thing DD can do for the moment before she can take advice is to get writing! Get her to write down the chronology of everything and everything she can remember them saying to her, e.g. from applying for the job (is there an advert? What did it say?), to interview, to signing contract etc. Obv anything regarding insurance is v important but also what training/induction was there bearing in mind she is fresh out of college? Is the fact that she is fresh out of college clear on her CV?

Original poster
dolldaggabuzzbuzz · 30/07/2011 22:38

Thanks HeIsSpartacus I will do that.
I can't remember everything in the contract, it isn't in front of me. There were a few things that didn't make sense or weren't clear such as leave entitlement. One that stood out was "the company has the right to a search policy' They were the exact words. I thought that seemed rather odd.

OP posts:
ChocolateBananas · 30/07/2011 22:39

I am DD, my salon owner has backed me up 100% we are trying to get advice off solicitors. I did everything right, only thing I didn't do was a strand test, as I was really busy with another perm, it wasn't till I put the rods in I realised, I explained what might happen, but she didn't care, she kept saying, I've not sat through all this to go home without it, I was weary, but carried on, I left it on for 15 mins, which is recommend for coloured hair, she wasn't very nice to talk to any of the time, I'm really mad that she is during, as she got a full refund, and 50 quids worth of products to help maintain her style and give her hair better structure, she spoke to me like absolute dirt! She refused to leave, which I understand, but she was being really unreasonable, she wouldn't accept that I TOLD her it could happen, she completely and utterly lied to her friend who's a solicitor and her friend who is an experienced hairdresser for 21 years! I had to show all my hairdressing certificates to 'Prove' I'm a hairdresser! Her husband took all the hair to show their solicitor friend! I'm so mad, my senior stylist and boss helped me throught it all!

macdoodle · 30/07/2011 22:45

why havent they paid you your wages for the week, thats just nonsense.

TheMagnificentBathykolpian · 30/07/2011 22:47

How are they backing you up by not paying you?

FabbyChic · 30/07/2011 22:53

They cannot legally hold her pay. She needs to put this in writing to them.

If you are self-employed you choose your own hours of work.

thisisyesterday · 30/07/2011 22:54

if you are the daughter then what's with all your other threads?
sorry if that sounds a bit stalker-y... but just wondered

ChocolateBananas · 30/07/2011 22:56

I am paying for some of the products, but after what happened I think we'd all just forgot, I didn't realise till I got to my boyfriends! I'll get them next week!

TheMagnificentBathykolpian · 30/07/2011 22:59

Other threads are just chatting, as far as I can see, Thisisyesterday.

Plenty of mners are not parents or anything.

thisisyesterday · 30/07/2011 23:02

sorry, i realise that sounded a bit accusatory, but it just seemed a bit odd that's all. I guess I just didn't expect to see someone who is just out of college chatting about David Cameron on mumsnet! lol

Original poster
dolldaggabuzzbuzz · 30/07/2011 23:03

I didn't realise she had posted on here before! She and DD2 are always laughing at me for consulting mums net about stuff and that!

OP posts:
thisisyesterday · 30/07/2011 23:04

you'll have to watch what you post about them now doll! lol

m0nkeynuts · 30/07/2011 23:28

If I'm understanding it rightly, the contract is covering the terms of renting the chair, rather than being an employment contract.

It's probably not totally unusual for salons to want their contractors to keep similar hours - hence that being a term of the contract.

In terms of 'withholding pay', obviously that's impossible as you're self employed.

It's quite reasonable for the salon to take customer payments in with their own and pay a contractor weekly. BUT a self employed person will have to do a tax return each year, so it's very important that there's a good paper trail to prove income and expenditure, should you be asked to show it! I'd imagine the norm is to invoice the salon each week for your money due. And any expenses - e.g. you mentioned purchasing products to give to the customer - you should be getting a receipt for too.

And DEFINITELY get liability insurance asap, if you aren't covered by the salon!!

Original poster
dolldaggabuzzbuzz · 31/07/2011 08:38

Ok. Does anyone know how to post a link to a thread?

OP posts:
valiumredhead · 31/07/2011 10:15

Why on earth did your dd perm someone's hair that was in such bad condition?! Sounds like she needs more supervised experience before being let loose on the public.

TheMagnificentBathykolpian · 31/07/2011 10:34

yes. You copy and paste the url - that box at the top that starts

Then you do this [[

then you paste the http etc etc right next to it.

Then you do this ]]

or you can put a space after the http address and then write something and then do ]]

the full instructions are down there look at the smiley list and the emphasis instructions, you will also see a bit marked Links. That tells you how to do links.

TheMagnificentBathykolpian · 31/07/2011 10:34

arrrggg I bloody hate it when i auto does the damn thing!

Then you do this [[

TheMagnificentBathykolpian · 31/07/2011 10:35

then you paste the htte ect right next to it

then you do this ]]

TheMagnificentBathykolpian · 31/07/2011 10:35

and if you try to demonstrate it, it creates something that looks like a bloody link! hurumph

jenniec79 · 31/07/2011 10:39

52 hours is over the EWTD limits too.

AitchTwoOh · 31/07/2011 10:41

this is how my hairdresser works. they rent a chair in a salon and keep money they make for themselves. they can make muuuuuch more money than if they were salaried at a salon, IF they are good hairdressers and build up a clientele.

so the only thing i don't understand is why she didn't get her wages... (well, and why she did a perm on hair that couldn't take it).

TheMagnificentBathykolpian · 31/07/2011 10:43

but if you're a self employed person, there are no working time limits.

So if they have her as 'self employed' working time directive does not apply

diddl · 31/07/2011 10:47

Well I do have some sympathy for the customer.

She shouldn´t have insisted-but it sounds as if she wanted what was started to be finished.

It´s not her fault that there was no strand test & that Ops daughter went ahead against her own better judgement.

I think it´s right that she didn´t pay & had some gesture of goodwill tbh.

Graciescotland · 31/07/2011 10:51

I'd agree that the salon needs a waiver form, I once dyed my hair and went for a salon repair, they advised me against it and said that if I wanted it I'd have to sign a waiver. I agreed, they carried on.

ChocolateBananas · 31/07/2011 15:06

She wasn't my client in the first place, a friend of mine used to work in the salon, he dealt with her 2weeks ago, when salon opened, I just assumed he had done everything, I was rushedoff my feet, I didn't think to look at consultation sheet! I do feel very sympathetic to the lady, but it is not entirely my fault! She told her husband I didn't warm her, not only that, she wasn't nice to me while i was doing it! She told me to fuck off after she ADKED me to explain what happened!! She refused to believe that Any of it was her fault!!