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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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there, I hope you can help me. I work self employed as

Resolved Question:

Hi there,
I hope you can help me. I work self employed as a carpenter. And recently I found a job,as self employed,however the guys act a bit 'funny' as when I am asking to send a form where I can fill it up my details,they keep saying they done it,I just haven't received,etc...I just wonder do I have any legal right if they won't pay me,or is there any form for me,where I can send it to them,just to be on the safe side?
Many thanks,
Jarek
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have they refused to pay you yet?
Customer:

Hi Ben,thank you for getting back to me,no,not yet,as I am working only a week there,and usually they pay after two weeks.

Customer:

as I have talked with one guy today,and he mentioned that,the people keep changing,its a bit odd

Customer:

but then after two or 3 weeks,I dont want to be told,I am not gonna get paid,for some reasons,is there any form,I can ask them to sign,as I am a subcontractor

Ben Jones :

There is no legal form as such – all you need is to be able to show that you had agreed to do the work and that they had agreed to pay you foe it. This could be your employment contract, backed up by timesheets or any other document which confirms what you worked. It could be your invoices you send to the company with a request for payment for the time worked. It could be anything else you had agreed between you. It does not even have to be anything at all although that could make it more difficult to pursue in the event of a dispute. If they cannot agree on anything you can just keep a diary yourself of what work you have done and what you are owed. You can always send it to the company anyway just to show you had kept them in the loop. In any even if you are not paid for work done you are entitled to take the matter further if necessary.

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

than you for the advice.

Ben Jones :

you are most welcome

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