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[–]The_Inertia_Kid 32 ポイント33 ポイント  (12子コメント)

You are required to pay her for all hours worked. Whatever that deposit was for, you also need to return to her. You would be well advised to stop taking deposits. A court would take a very dim view of that.

Absent a contract, she is completely free to poach as many clients as she likes. You have no recourse against her for that.

If this ever saw the inside of a court, you would likely get a proper bollocking from the judge.

Start running your business more professionally.

[–]greenmills 18 ポイント19 ポイント  (0子コメント)

I'm not sure that you can enforce a non-compete clause that never existed. Also your business practices sound kind of shady. Just pay up.

[–]sabian92 33 ポイント34 ポイント  (8子コメント)

Deposit? For what exactly? No contract? You're not looking too great from the get-go as an employer mate...

[–]1932ukhl100 10 ポイント11 ポイント  (0子コメント)

You haven't given her a contract, have on the face of it withheld wages, and I don't even know what you mean by an employment "deposit" that you aren't returning.

By all means contact a solicitor. It'll be the easiest money he ever made, as this doesn't have a snowball's chance in hell of getting you any money or preventing your employee from moving and acquiring business elsewhere.

[–]Ziggamorph 8 ポイント9 ポイント  (0子コメント)

there are no contracts in place

she poached a client

Without a contract with a non-solicitation or non-dealing clause, how can you say she did anything wrong? Even if you had a contract with such a clause, it would be of dubious enforceability. Without a contract, you have no leg to stand on.

I'm guessing the two weeks wages were for time she has already worked for you. Of course you need to pay her any money she is owed, including this 'deposit' you have extracted from her.

[–]Sphinx111 4 ポイント5 ポイント  (0子コメント)

If you try to withhold any of the cleaner's wages you are going to get reamed in court and could find yourself very quickly in a lot more trouble for your other employment practices.

Similarly, attempting to withhold the deposit is going to land you in front of a very annoyed judge, especially if your former cleaner enlists the support of an advocacy group.

You should chalk this one up as a learning opportunity, because attempting to punish this person without the legal authority is going to really hurt you.

Speak to an employment solicitor or an HR consultancy firm. If you continue to operate without contracts, you are leaving yourself open to a repeat of this situation.

Also, are you keeping the statutorily required records of workers Right-To-Work, as this would be one of the first things I would check from an investigatory position.

[–]azlan121 9 ポイント10 ポイント  (3子コメント)

ok, so there seems to be a few different things that need to be addressed here.

  • Labor only sub contractor, this really rings alarm bells with me, there are a bunch of tests to determine if a worker is likely to be employed or self employed (in the eyes of the law and HMRC, not your determination as an employer, which is what ultimately matters). Its entirely possible that you are currently misclassifying your workers as self employed. I suggest reading https://www.gov.uk/government/publications/employment-status-manual and https://www.gov.uk/guidance/employment-status-indicator. If the employees are currently misclassified, you may be on the hook for unpaid income tax and NI contributions, as well as suddenly having minimum wage laws come into play, as well as working time regulations, sick pay, holiday pay etc..

If the workers are currently misclassified, moving over to 0 hours contracts may be the most appropriate solution moving forwards if you aren't in a position to offer regular work.

Its also worth noting that its likely that even if they do count as self employed, they may fall under the IR35 rules, and you may still need to have appropriate Statutory Employers liability insurance, even though they are not employees.

If The worker is correctly classified as self employed, and there is no contract in place, the worker will be entitled to compensation for work completed, but nothing further. if you refuse to pay then basically their remedy is going to be to take you to small claims court, which could lead to you getting a CCJ against yourself personally (basically, the small claims court makes a judgement saying you owe money, and that judgement can be taken to the county or high courts to be enforced by bailiffs).

  • The Deposit seems to be kind of legally sketchy, although I can't think of a relevant law off the top of my head, its likely that unless there was a contract outlining the scope of purpose for the deposit, a judge would rule that the deposit needs to be returned in full (quite possibly with interest along the same lines as tenancy deposits). And as a general bit of advice, a lot of people won't take kindly to you charging people to work.

  • Theres basically nothing you can do about them 'stealing' your client. If you had a contract in place, which had a term addressing the issue, then you may have been able to get some compensation, but as it stands, you haven't protected yourself, and the worker is under no obligation to you.

[–]Mukovd[S] -4 ポイント-3 ポイント  (2子コメント)

there was a verbal agreement about the deposit that it will be withheld should the cleaner leaves without notice or poaches a client to which she agreed verbally.

the workers themselves are self-employed as they complete their own self-assessments, I just provide the clients, sort of act as a middle person.

[–]legaleaglebitch 4 ポイント5 ポイント  (0子コメント)

Do you have proof of this verbal agreement?

[–]azlan121 0 ポイント1 ポイント  (0子コメント)

unfortunately, the worker self assessing doesn't automatically mean they are correctly classified in the eyes of the law. you need to compare your relationship with the worker to the employment status indicator questions in the links in my previous comment to determine if they are likely to be classified correctly.

As for the verbal contract, if you can prove that the worker did indeed agree to the contract, and the judge decides that the terms are not unfair (which they may or may not decide to be the case, the leaving without notice section in particular may cause trouble there), then it can be enforced. The judge can however decide they do not believe that the contract was entered into, or that the terms are unfair (and therefore unenforceable)

It also sounds like you are running an employment intermediary business, this comes with some special obligations, have you read

https://www.gov.uk/guidance/employment-status-employment-intermediaries

https://www.gov.uk/employment-agencies-and-businesses/overview

https://www.gov.uk/employment-status/selfemployed-contractor

https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm3505

https://www.gov.uk/guidance/ir35-find-out-if-it-applies

https://www.gov.uk/hmrc-internal-manuals/employment-status-manual/esm2001

[–]TheSonOfMyWife 4 ポイント5 ポイント  (0子コメント)

What is the deposit for?

[–]ToTCaMbIu 4 ポイント5 ポイント  (0子コメント)

Hope she gets you to court and get her money back.

[–]Ioethe 0 ポイント1 ポイント  (0子コメント)

How long has the company existed?

[–]slimisshadyaf -5 ポイント-4 ポイント  (0子コメント)

I would recommend just offering a reasonable amount of money to her. Saves you a headache for the following weeks. I don't know if this is possible but when you give it to her make her sign a contract saying that she accepts this as the final settlement and she won't be pursuing more on the matter