Whatever hours your staff work, it’s vital you detail them clearly in your contracts and understand the many laws involved, advises David Wright

Staff in salons work many different patterns of hours from weekly to monthly or seasonal.

But whatever the hours, their contract needs to accurately describe them and the employees need to work within the legal rules.

The European Working Time Regulations govern working hours and breaks and are based on health and safety regulations. Breaking these rules can result in an unlimited fine.

It is important salon owners are aware of the current legal position because managing the working hours of staff can greatly enhance the efficiency of your salon.

The European Working Time Directive was introduced in 1996 to ensure staff had paid holiday, limits on hours of work, and rest breaks. Special provisions were introduced for young workers aged under 18.

The rules

The maximum working week for an adult worker is 48 hours per week (averaged over a period of 17 weeks). Staff can opt out of this ceiling but can withdraw that agreement at any time, subject to four weeks’ notice. Young workers cannot opt out and their maximum is 40 hours.

Employees must have at least one day off per week or two per fortnight. Young workers must have two days off per week.

If the working day extends beyond six hours, staff are entitled to a minimum break of 20 minutes (which can be paid or unpaid; few salons give paid breaks). Young workers must have a 30-minute break after 4.5 hours.

The maximum working day is 13 hours (12 for young workers). Employees working five days a week should receive at least 28 days paid annual leave, including bank holidays.

There is no legal definition of “full time”. Salons have therapists they call full time working anywhere between 36 and 48 hours a week. Equally, there is no legal entitlement to a higher rate of pay for working additional hours or on a bank holiday.

Getting it right

• Your contract should specify contractual working hours, breaks, and whether these are paid or unpaid.

• If staff are likely to work beyond the 48 hours per week, obtain their written agreement. You cannot impose this in your contract.

• The 28 days’ annual leave includes bank holidays. If you open on bank holidays, specify the holiday entitlement as 28 days rather than 20 days plus bank holidays. You can fix the dates of holidays for staff; for example, no holidays in December or no more than four Saturdays.

• The rules on breaks are clear: minimum 20 minutes per day after six hours. There is no legal entitlement to tea or cigarette breaks. If you give discretionary breaks, reserve the right to insist they are lost when the salon is busy.

Paid breaks

In reality, few employers pay for staff breaks and often do so for the wrong reasons. Staff are entitled to a break and should be free to leave the workplace if they wish. Paying for the break doesn’t mean staff can be on standby or answer the phone.

Be clear about working time. For example, beware of asking staff to report for work 15 minutes early to be ready for the first client of the day or to attend training on their day off, especially if it’s unpaid.

David Wright is a consultant in all aspects of employment practice and law. He is the main employment law consultant for Habia and provides a personalised support service for UK salons.

01302 563691

davidwrightpersonnel.co.uk