main contractor not paid for job what is my rights as sub contractor?

ingey.uk

main contractor not paid for job what is my rights as sub contractor?

do i pursue the company i work for as i never had a contract with the business direct

Grumpy_chap

What are the details of your contract with the main contractor?
Is there a "pay when paid" clause?
You very probably cannot pursue the end client as there is no contractual relationship.
What are the reasons the main contractor has not been paid?

TBagpuss

It would depend on your contract with the main contractor. What does that say about when you get paid and whether there are any conditions on payment.

Unless your contract with them explicitly states that you getting paid is dependent on  them getting paid. then you are probably entitled to be paid regardless of the situation between them and their client (although of course if them not getting paid means they become insolvent, then you may not be be able to recover the debt) 

So step one is to re-read your contract with them and what it says about terms of payment. 

MalMonroe

Without having a lot of information it appears that you work for a company. If we assume that company you work for, with a proper contract and everything, subcontracted you to work for the main contractor. Having assumed that, then the company you actually work for should pay you.

It has nothing to do with you whether or not the main contractor has been paid. 

So I would think, as you have suggested, that you should pursue the company you work for. (Assuming you have an official agreement with them).

(Sorry, I realise that is a lot of assuming! But I hope it's also helpful.)

Marcon

MalMonroe said:

It has nothing to do with you whether or not the main contractor has been paid. 

Unfortunately it could have a great deal to do with it. As already pointed out, there could be a 'pay you when we've been paid' clause in the contract; or pushing for payment could tip the main contractor into insolvency. Check both points before going any further.

Grumpy_chap

I assume the OP has an "outside IR35" contract, one of the requirements of which is carrying business risk.  Payment default is one such risk.

Ath_Wat

MalMonroe said:

Without having a lot of information it appears that you work for a company. If we assume that company you work for, with a proper contract and everything, subcontracted you to work for the main contractor. Having assumed that, then the company you actually work for should pay you.

It has nothing to do with you whether or not the main contractor has been paid. 

So I would think, as you have suggested, that you should pursue the company you work for. (Assuming you have an official agreement with them).

(Sorry, I realise that is a lot of assuming! But I hope it's also helpful.)

The main assumption you are making is that he works for anyone other than himself.  The much more likely situation is that he is a self-employed sub contractor and this is not about salary, it is about payments between businesses.