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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48512
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If an employer doesn't want to pay you your invoice, how

Customer Question

If an employer doesn't want to pay you your invoice, how best can you chase up payment - employment tribunal, small claims court or is there another route available?
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 month ago.

I presume you are self employed rather than an employee?

Customer: replied 1 month ago.
Thank-you. Yes.
Expert:  Ben Jones replied 1 month ago.

Thank you. The employment tribunal won’t accept this claim so the County court would be the only option. There may be other possibilities like mediation or ADR (Alternative Dispute Resolution) but these are voluntary and you cannot force the other party to participate in them. So the court would really be the only option here.

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Customer: replied 1 month ago.
Thank-you. Is there a time limit to chase this matter up through the courts?
Expert:  Ben Jones replied 1 month ago.

yes, it is 6 years from the date the invoice became payable

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank-you for the help.
Expert:  Ben Jones replied 1 month ago.

Thank you. In terms of taking this further, if a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.