Help with difficult member of staff

WonderfulSenorita

Hi, I'm new to posting to the forums but I hope someone can help with my dilemma. I run a small hairdressing salon and I have recently (less than 3 months ago) hired a new girl for two days a week. I haven't signed a contract of employment with her yet as she's coming in on a contract basis. Demand for one of our advanced hair treatments has increased and therefore she has undergone some in-house training to help with that during busy periods. She says she doesn't want to carry out the treatment on clients as she isn't confident but she is very reluctant to practice the treatment during quiet periods as she is more keen to message her friends on her phone. This has resulted in me having to turn away clients wanting this treatment. The business has been suffering for a while so this situation isn't helping. I am now at the point where I have no choice but to bring on a new staff member who is more willing to carry out this treatment. However, I couldn't afford to keep both people on so I would need to replace one of the days of the current girls.

My question is, can I cut one of her days and replace her with a new member of staff without notice? What is the legal stand point? Even though there is no employment contract, she is not carrying out the duties of the salon and I am simply trying to keep my business afloat.

Flyonthewall

She's been there less than 2 years, isn't doing the job, isn't willing to try and is wasting business time.

I'm sure someone will correct me if I'm wrong, but there's nothing to stop you getting rid of her. Not sure why you'd keep her at all considering she doesn't seem to care and isn't doing much. You don't owe her anything and she isn't helping your business - if anything she's damaging it by potential clients having to be turned away and if clients can see her sitting/standing around just messaging her friends that's not good, it's not professional.

I'm not sure of the legal stand point with reducing her days, it would depend on the contract you currently have with her I believe.

jobbingmusician

I don't think you can do anything without notice (and without paying any accrued untaken holiday) if you employ her*. If she is on a 'contract basis' you need to be a bit more forthcoming about what this 'contract basis' is..........

*but Flyonthewall is right - if she's been there for less than 2 years you can dismiss her for any non-discriminatory reason with the requisite notice/holiday pay.

Undervalued

Signing the contract or not is irrelevant. What matters is whether, legally, she is an employee and based on what you have posted here she is.

Therefore, as she has been employed for more than a month she is entitled to the legal minimum of a week's notice if you wish to dismiss. The only exception would be if she were guilty of gross misconduct. Based on what you have posted she is not.

She would also be entitled to paid holidays (12.07% of hours worked) which would be rounded up. You could insist she takes the holiday during the notice period or otherwise pay her for it after she leaves.

theoretica

If you are paying her during the quiet times you are paying her to do what you tell her (within reason) and not message her friends and it is perfectly reasonable to tell her this.

Takeaway_Addict

WonderfulSenorita wrote: »

Hi, I'm new to posting to the forums but I hope someone can help with my dilemma. I run a small hairdressing salon and I have recently (less than 3 months ago) hired a new girl for two days a week. I haven't signed a contract of employment with her yet as she's coming in on a contract basis. Demand for one of our advanced hair treatments has increased and therefore she has undergone some in-house training to help with that during busy periods. She says she doesn't want to carry out the treatment on clients as she isn't confident but she is very reluctant to practice the treatment during quiet periods as she is more keen to message her friends on her phone. This has resulted in me having to turn away clients wanting this treatment. The business has been suffering for a while so this situation isn't helping. I am now at the point where I have no choice but to bring on a new staff member who is more willing to carry out this treatment. However, I couldn't afford to keep both people on so I would need to replace one of the days of the current girls.

My question is, can I cut one of her days and replace her with a new member of staff without notice? What is the legal stand point? Even though there is no employment contract, she is not carrying out the duties of the salon and I am simply trying to keep my business afloat.

read up on employment law....

Fionabell

Why don't you have a policy that mobile phones are not to be used during working hours. I can't use my mobile at work if I did I'd be disciplined.

WonderfulSenorita

Sorry for the confusion. I wrote my message in a bit of a hurry. She is employed on the payroll

WonderfulSenorita

And just to clarify, I don't want to fire her. I just want to cut one of her days. We had verbally agreed that she would work two days per week. So I'm not sure if she can take legal action against me for reducing her working days. Thanks

Fionabell

WonderfulSenorita wrote: »

And just to clarify, I don't want to fire her. I just want to cut one of her days. We had verbally agreed that she would work two days per week. So I'm not sure if she can take legal action against me for reducing her working days. Thanks

You haven't given her a contract yet - just give her one for 1 day a week but also say that she's not allowed to use her mobile ( you'd have to make sure that all the other staff can't either).:beer:

Mojisola

Are there any courses you can go on for people running small businesses?

It's worth keeping up-to-date with the law and it sounds as if you need some help managing your staff. You should have had words with her the first time she started playing about with her phone during working hours. It's not her decision what she does during quiet periods - if the boss wants her to practice a new technique, that's what she does.