THE owner of a chain of hair salons yesterday accused a hairdresser of poaching his customers when she left to set up her own business.

But an industrial tribunal hearing yesterday ruled in her favour and ordered Peter Moss to pay her £559 in lieu of holiday she had not taken, as well as overtime owed.

The hearing in Newcastle was told Mr Moss had refused to pay his former manageress, Pauline Fairbairn,, the cash owed after learning she had been telling customers at Hilary Hair, Beauty and Fashion Studio in Silver Street, Durham City, she intended setting up her own business nearby.

Mrs Fairbairn, who now runs Design C21, in Front Street, Neville's Cross, Durham, said after the tribunal: "I am happy about the result - justice has been seen to be done.

"I believe in freedom of choice and those women who followed me to my new business were exercising theirs."

Mrs Fairbairn, who worked at Hilary for 22 years - 18 years as manageress - said during the first year she had not been entitled to leave, but was awarded it the following year as was then the practice.

She said she was therefore entitled to four weeks' accrued holiday pay when she resigned in April 2000, as well as a further one-and-a-half days for that month.

Mrs Fairbairn, of Crook, also claimed she was not allowed to complete her notice week and had therefore not received commission for that month.

Mr Moss of Stockley Grove, Brancepeth, said Mrs Fairbairn had been told when employed that she was not getting her leave for a year as a safeguard against her working for him and then taking clients elsewhere.

He said weeks before she had put in her notice she told customers of her move and after resigning had stood outside his premises to tell customers of her new business.

He said to her: "The decent thing to have done would have been to move straight away, rather than carry on working for us while building up your own salon."

The tribunal said Mr Scott's firm had acted reasonably in not allowing her to complete her notice, as she had been telling clients of her move - and was therefore not entitled to commission for that period.