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AIBU?

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Original poster

Is this even legal?

27 replies

girlfriend44 · 21/10/2022 20:59

Cousin works as a hairdresser buy recently left her job..

She got another job in another salon not far away.
Her old boss contacted her and said she couldn't do that. She had signed something in her contract which said she must work within a certain radius of her old job?
Is this legally binding? What could her old boss have done?

Why can't people just work where they want too?

OP posts:
Applesandcarrots · 21/10/2022 21:01

Non compete clauses can be very much part of a contract. And that's why people need to read what they are signing

BEAM123 · 21/10/2022 21:01

It's a civil contract so if she signed it, it is binding, however her old employer would need to sue her.
Obviously they don't want her taking all their old clients with her.

Ludo19 · 21/10/2022 21:01

I have heard of this.....not entirely sure of the legalities though.

ClairyFlare · 21/10/2022 21:02

Of course it can be legal if she has signed a non compete that made this stipulation clear

Applesandcarrots · 21/10/2022 21:03

To answer your q about why can't people wirk where they want to.
She could be taking their customers if she is in close area to the original job.
They have right to protect themselves and it would be considered reasonable and proportionate in this case

Malfi · 21/10/2022 21:03

Yes, they are quite common, I thought.

Colourmeclear · 21/10/2022 21:04

From what I understand they are usually non-enforceable clauses as it's determined to be unfair on the employee.

deliverooyoutoo · 21/10/2022 21:09

It depends what the contract says but yes. It's common enough

Abundanceofcare · 21/10/2022 21:13

Lawyer here.

They are called restrictive covenants. They are enforceable if reasonable.

What is reasonable depends on things like:
How long are they for?
What exactly do they restrict?
How big is the radius?
Is it actually protecting a genuine business interest?

It really depends on the exact wording of the clause and the circumstances of the ex employee.

It's possible for the old employer to sue, but it's expensive, so they would do so if they can prove she has "stolen" a bunch of clients and caused the old employer a loss. That's usually tricky and puts most ex employers off suing.

Notimetothink · 21/10/2022 21:21

They are non enforceable. Once you have left you are no longer bound by the contract.
The previous employer have to demonstrate actual monetary loss and the cost of taking someone to court would be more expensive.
Also you can’t be prevented from earning a living in the area in which you live.

Original poster
girlfriend44 · 21/10/2022 21:21

Thanks
Just seems abit odd people can't work where they want too
People should have free will to go where they want too also.

OP posts:
WeAreTheHeroes · 21/10/2022 21:24

Colourmeclear · 21/10/2022 21:04

From what I understand they are usually non-enforceable clauses as it's determined to be unfair on the employee.

Yes - exactly this.

Hairdresser's usually have their own following and you go to the specific stylist.

girlmom21 · 21/10/2022 21:24

girlfriend44 · 21/10/2022 21:21

Thanks
Just seems abit odd people can't work where they want too
People should have free will to go where they want too also.

And take all her old employers customers by charging a fiver less?

WeAreTheHeroes · 21/10/2022 21:25

Or even hairdressers

Original poster
girlfriend44 · 21/10/2022 21:31

girlmom21 · 21/10/2022 21:24

And take all her old employers customers by charging a fiver less?

Show quote history

Up to the business to get more customers then?

OP posts:
EveningOverRooftops · 21/10/2022 21:34

I would’ve thought it would depend if the stylist is paid a wage by the salon owner OR if the stylist is self employed and renting a mirror and chair in the salon doesn’t it?

It would also depend on whether the stylist told clients she was leaving and where she was going OR if the clients worked it out themselves/word of mouth for example.

it would also depend on things like how big a radius is in the contract. If it’s 3 miles and the town you’re in is 3 miles across then it would be an unfair contract as the stylist would have to travel to a different town to work or be made unemployable

if the town was 10 miles and the stylist could easily get another job within a reasonable distance of home then it potentially would be fair.

id also be wondering if she set herself up as a mobile hair dresser would it apply then as her ‘work’ would be on the move?

i can’t see how it would be enforceable in some of these scenarios.

im surprised they’d do those sorts of contracts though as salons are prolific (where I live ) and one stylist could effectively be barred from working in 10 or so salons/barbers and with the high turnover of staff in some of them these contracts could irradiate their employee pool.

Original poster
girlfriend44 · 22/10/2022 00:38

It was about a mile away and and she was getting a wage.

OP posts:
overtaxedunderling · 22/10/2022 00:46

The wording of the contract will be an issue as (I suspect) will the wage being paid. If she was being paid the NMW, then I can't see that there's any premium to justify additional restrictions, if other cutters were paid a lower hourly rate, then she has been compensated for the restriction.
If she didn't understand the contract, she should have sought legal advice before signing.

ParsnipsAndPies · 22/10/2022 00:58

Years ago (and I mean 30+ years ago) I purchased the goodwill and contents of a salon and took over the rental of the premises. The woman I bought the business from said she was retiring and I believed her (I was very young and naive). She lied. She set up shop in her home down the road and took many of her clients with her. There really wasn't the business locally to sustain 2 salons in a small semirural village and after 6 months I had to close as I couldn't afford the rent. I wish I'd known about non compete clauses then!

RocknRoller1 · 22/10/2022 00:59

Definitely common for industries that are one to one customer/patient base - think dentists. You can easily build good relations, move next door and the patients/customers follow resulting in business owner now needing to replace those patients/customers in order to maintain their income levels.

TerraNostra · 22/10/2022 01:09

girlfriend44 · 21/10/2022 21:21

Thanks
Just seems abit odd people can't work where they want too
People should have free will to go where they want too also.

Everyone has freedom to contract or not contract. Your friend agreed to the restriction when she signed her contract of employment.

Obbydoo · 22/10/2022 01:44

girlfriend44 · 21/10/2022 21:21

Thanks
Just seems abit odd people can't work where they want too
People should have free will to go where they want too also.

She had a free will on whether to sign a contract with a restrictive covenant in it. She signed it so 'your friend' is in the wrong. As others have said, suing someone for this is very difficult and therefore quite rare so she'll probably get away with it. On the flip side, she needs to be professional and keep things amicable. Hairdressing in a local area is very incestuous. If your friend kicks up a fuss despite being in the wrong having signed a contract, she could well make herself unemployable in tge future as a trouble maker in the area. The same could also be said for her employer I suppose!

EveryFlightBeginsWithAFall · 22/10/2022 02:01

It's always been common in hairdressing

VoiceOfCommonSense · 22/10/2022 13:53

If it’s in her contract then she can’t. I have a 3 month notice period in mine and a 6 month non compete clause in the same industry. It even names our main rivals explicitly.

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