Self employed - not being paid

Googlewhacker

BoGoF wrote: »

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.

A threat could work but it could also be argued that as its not a long running arrangement then the OP was self employed. Which does then beg the question.....why would you need to give notice (other than being polite).

EDITED: If all other staff are 'self employed' then it sounds dodgy so maybe pointing out their responsibilities may make them pay up quickly!

waring192

mazza111 wrote: »

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.

We never talked on a notice period at all. They said I would be self employed, I had a look on the internet last weekend and found on a .gov website that as self employed there is no such thing as notice period but thought it would be good to put it in writing along side my Invoices.

vax2002

I agree contact HMRC and dob them in.

BoGoF

The length of the arrangement makes no difference to employment status. A person working in a garage selling the garage's own cars for an hourly wage + commision is not self-employed. The OP also thinks all the salespeople are treated as self-employed.

It may not be a road the OP wants to go down but it is an option.

waring192

I dont mind going down a route to report them, I just want what I am owed.

BoGoF wrote: »

The length of the arrangement makes no difference to employment status. A person working in a garage selling the garage's own cars for an hourly wage + commision is not self-employed. The OP also thinks all the salespeople are treated as self-employed.

It may not be a road the OP wants to go down but it is an option.

eric_blair

Have you called them?

You need to make every attempt to be nice before sending solicitor's letters - people don't like emails as they always seem arsey.

I'm freelance and have always found calling someone solves any problems.

Mistral001

waring192 wrote: »

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.

Regards

As others have stated you not employed by this firm. Thus, terms and conditions of employment do not apply with regard to notice etc.. However, you do have a contract with this firm even thou it is just verbal. Was there anything said by either you or this firm about notice or when you would get paid before they accepted taking you on as a supplier of services? Also, what are the terms and conditions on your invoice? Is there anything on the invoice with regard to when payment is due (30 days etc.).

PS. I would not go down the legal route too quickly. If they are late with payment, it might be just because they are a bit annoyed with you because they might for their own reasons see you as leaving them in the lurch.

waring192

Mistral001 wrote: »

As others have stated you not employed by this firm. Thus, terms and conditions of employment do not apply with regard to notice etc.. However, you do have a contract with this firm even thou it is just verbal. Was there anything said by either you or this firm before they accepted taking you on as a supplier of services?

Nope, just hours of work, commission rates, details of the position.

agrinnall

If they don't pay you then your only option is to take them to the small claims court - I would expect you to have a good chance of winning there as they appear to have acknowledged that you did work there for 3 weeks and they are witholding payment, and without anything in writing to say that a notice period applies then it'll be your word against theirs that a notice period was discussed verbally. Given the dodgy state of their employment practices they may not be keen to go to court. And once you do have your money report them to HMRC anyway.