Employer Won't Pay

tucson

I worked for Motorclean for 3 1/2 days. I was given an application for after the 2nd day and the manager was due to pick it up on the wednesday. Unforseen circumstances meant I had to cease work on Tuesday. Motorclean now say as they did not get a completed application form, they will not pay me for the days I worked. Incidentally, they were 100% satisfied with the work I did. That was not the issue. If it makes any difference, they employ everyone on a self-employed basis and I was on a fixed day rate. Can they refuse to pay me, under any circumstances?

Any

If you were self employed, did you invoice them? Or did you anyhow agreed payment terms etc? (contract..)

tucson

In practice, everyone is employed by the company. They tell you the hours, the site you will be working on and set the day rate or pay per vehicle, provide uniform , equipment and materials. For pay and tax purposes, we are all self employed and are paid 1 week in arrears with the information taken from a work sheet. I was originally asked to cover for one day and told £45 site rate. They were happy with the work and so offered me permanent position although I would not get the application in for 5 days because of request for references and other required info I did not have to hand. They state now, as I didn't provide a completed application form, references etc, etc, they will not pay for the days already worked.

Any

No, I don't believe that is right. You worked for 3 days they must pay you for 3 days. Unless you signed anything saying otherwise.. Then it might be more difficult to argue.
http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027253
Read the section "what happens if you quit your job?"
There is also advice who to call for advice.

Savvy_Sue

Have they now had the application form?

It would be difficult to pay you without knowing who you were.