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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi, 1 - I am a self employed and my current employer changed

Resolved Question:

Hi,
1 - I am a self employed and my current employer changed the date of payment and failed to communicate that we was going to do so. I was supposed to get paid every 10th of each month and they now have changed it to the 14th of each month.
2 - On the time of employment they have not asked me to fill in any application and now they are pressuring me to fill in one and retaining my payment because I have not given them my application form yet.
The reason why I haven't sent my application form yet is because they owe me nearly £500 from my previous payment and other nearly £400 from August that I have forgotten to invoice them but they also didn't bothered to tell me that i have not invoiced them for the august hours, I want to make sure they pay me for the all hours I have worked. They do not have any system in place to calculate how many hours I have worked as well as I don't have how to proof that I have worked those hours.
I would like to know your opinion in this matter and also would like to know what should I do.
Thank you and regards,
Jorge
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello Jorge my name is ***** ***** I am happy to help you today. Do you have a written agreement with them which sets out the normal payment date?

Customer:

Hi Jenny, thanks for your help. I do not have anything. I only have a mouth agreement texts and emails.

taratill :

What is the application form they are trying to get you to sign?

Customer:

it is a 5 years employment history to comply with BS7858

Customer:

i am sorry my internet connection is not the best today

taratill :

|Hi I need to pop into a meeting. Is it ok if I get back on this later today?

Customer:

no problem at all

Customer:

speak latter

taratill :

Hi Jorge sorry for the delay I was caught up with something last night . I would suggest that you write to them to say that you are prepared to fill out the application form once you have resolved the issues regarding invoices that have not been paid yet and can agree a timeframe within which your invoices will be paid going forward. I would suggest that you tell them that you want all invoices to be paid within a certain number of days (normally 7 or 14). You should say that you want to maintain a good working relationship but they owe you £900 and this is causing you financial difficulties and if you are not paid within 7 days you may have to bring a claim in breach of contract against them.

taratill :

You should note though that it is not generally their responsibility to remind you to invoice them, as a self employed person it is your responsibility to issue your invoices on time.

taratill :

If you have any further questions about this please do ask. If I have answered your quesiton I would be grateful if you would take the time to rate my answer. Thank you and all hte best.

Customer:

Hi Jenny,

Customer:

no problem at all

Customer:

thank you very much for your answer

Customer:

should I write them a letter or should I send an email?

taratill :

Hi it makes no difference whether it is email or letter so long as you can prove it has been sent.

Customer:

i told them already that i will give the application as soon as i get paid but i think they want to trick me they asked me to go there with the application and documents and they will make the payment with me present

taratill :

Ok well ultimately you can claim in breach of contract if they don't pay you. They can't hold you over a barrel with the application form. I would therefore suggest you write in the manner I have suggested and take it from there.

Customer:

my main concern is i don't have a contract with them

taratill :

No you don't need a contract with them to claim this money. If you have done the work and have invoiced them then they owe you the money whether you complete the application form or not.

Customer:

i do not have any signed paper and if they feel scared of my actions they may just well cancel the services

taratill :

It may be worth getting a consultant agreement in place with them though for the future to set out the terms of payment and what you are obliged to do.

taratill :

There is a risk that if you fight this they will say they don't want you to work with them anymore. If they say this because you are seeking payment for work done then they are not particularly nice !

Customer:

and also there is nothing i can do

taratill :

not if you are self employed. How long have you worked for them for like this?

Customer:

since 29/10/2014

taratill :

So less than a month?

Customer:

sorry

Customer:

29/08/14

taratill :

Ok well either way you would have no employment rights even if you were an employee. ~

taratill :

ultimately it is up to you whether you are prepared to continue to be messed around like this. If you do nothing then you will be as they are obvioulsy not good payers. If you do something then there is a risk they will not want your services anymore. Unfortunatley I cannot make that decision for you.

Customer:

that's what i thought

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer.

Customer:

in future if i need to contact you how can i do it?

taratill :

you can ask for me by name in any future questions and I will respond.

Customer:

ok

Customer:

Jenny, thank you very much for your help

Customer:

have a great weekend

taratill :

You too.

Customer:

thank you

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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