Self employed - not being paid

waring192

Hi,

Not sure if this is the correct section of the forum so please move if its wrong.

I have been working self employed for a company for a few months (sales). No written contract, just verbal. I invoice them for my services once a month and I get paid via BT.

I gave them a notice letter yesterday (06/02/12) saying my last day of employment was on the (05/02/12) which I thought was fine as it was almost a weeks notice and we had not talked about a notice period verbally or in writing.

I received a email saying that as as im not giving any notice period they will not be paying my last 3 weeks work, can they do this?

Regards

Googlewhacker

your dates seem confused.

If you are not employed by the company you will need to go through small claims to get your money.

In short no but as you are not an employee you cannot goto tribunal.

waring192

Sorry about the dates confusion, I only work on a Sunday and I handed in my notice letter yesterday saying that last Sunday was my last day of work and I would not be working this Sunday and so forth.

BoGoF

Very confusing. If you're self-employed then how can you have a last day of 'employment' and how can you have a notice period which is usually a feature of employment.

I'm wondering if you were in fact an employee and not self-employed and they treated you as self-employed to save some money. What type of work was it, where was it carried out?

waring192

Hi BoGoF,

It was working in Car sales for alongside my main job. All I did was invoice monthly for hours worked and commission. I am due 3 days work which totals a small amount but I do want it.

All the other staff are self employed as far as i am aware. I have not contacted them since the email saying they would not pay my final invoices so would like to know what I should reply to them saying.

mazza111

You haven't given them a week's notice though? You handed in notice on Monday. So in theory, you would need to work the following Sunday, or depending on the notice period another 4 Sundays. Do you bill them for your services monthly or weekly? Could be that if it's monthly that you may need to give them one month notice. That's how it worked in my last place anyhoo.

BoGoF

Did you work from their premises selling their cars?

waring192

My email to them:

Please find attached my letter of notice and final invoices.

Regards,

XXXX


Responce from them:

XXXX,

If you are not offering any notice then I'm afraid I will not be paying your attached invoices.

XXXX

waring192

BoGoF wrote: »

Did you work from their premises selling their cars?

Yes i was working from there premises.

BoGoF

waring192 wrote: »

Yes i was working from there premises.

Well, to me anyhow, you're an employee and HMRC would be very interested in their little set up. Perhaps a threat you will report them will be enough for them to cough up.

Notmyrealname

You are not employed by them so you don't need to and haven't given them notice.

You need to send them an invoice then a week letter send a statement of accounts with the amount and invoices outstanding giving them 14 days to pay. After that you need to send a letter of intent stating they have 7 days to pay and if they don't pay you'll recover the money through county court and in this letter say you will not accept cheques, only cash or BT. Only then can you file in county court.