Self Employed 'Employer' withholding monies due

Ambleside

Hi Folks

I'm wondering if someone can help me. I'm self employed working as a contractor to one company. I decided to break from them but now they are withholding the money they owe me for work to date, they didn't inform me that they weren't going to make payment. As I'm self employed I don't think it comes under any employment rights, so I guess my question is....Can they do this and what can I do to make sure they make payment.

Thanks for any help

Regards

billsavings

The Small Biz Forum might be a better place for you to seek advice. http://forums.moneysavingexpert.com/forumdisplay.php?f=27

bootheboo

invoice them again but this time on the invoice state that from that day their will be penalty clause for everyday about £20 then they will soon pay

zzzLazyDaisy

Ambleside wrote: »

Hi Folks

I'm wondering if someone can help me. I'm self employed working as a contractor to one company. I decided to break from them but now they are withholding the money they owe me for work to date, they didn't inform me that they weren't going to make payment. As I'm self employed I don't think it comes under any employment rights, so I guess my question is....Can they do this and what can I do to make sure they make payment.

In the case of an unlawful deduction (eg with-holding wages) the relevant law applies to 'workers' which is a broader group than 'employees'.

You can make a claim to an employment tribunal for the missing money. But first you should write to the employer and tell them that you require payment of the money within 14 days, failing which you will take legal action.

More info here (note I have no connection with this site, I simply found the summary through google)

http://www.netlawman.co.uk/info/unlawful-deductions-wages.php

EDIT - more often than not a worker who works only for one company will be considered to be an employee by both the ET and the tax man.