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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11261
Experience:  I have been practising for 30 years.
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I am living in London on a Tier 5 Youth Mobility Visa,

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Hi,
My name is***** am living in London on a Tier 5 Youth Mobility Visa, originally from Australia. I have a university degree in fashion design (Graduated in 2014) and am currently 23 years old.Between April 22, 2017 - December 5th 2017 I was working full time for a start up Fashion company company. The company got away without paying me by not putting me on a contract until August 7 2017, claiming i was an intern until this time.The contract stated that I was hired as a freelance seamstress, and was valid between August 7 2017 - February 1 2018. It specified that I will work 4 days a week (10am - 6pm). I was made to work may hours over time with no increase in pay. As a result of the amount of hours I was made to work over time, I actually finished the required job 2 months early. Subsequently, I was fired on December 5 - given no real explanation. I had finished everything I was contracted to do.In the Payment clause on the contract, it is stated:"Paid by the Buyer to the Service Provider in two installments. £1000 to be paid within 30 days of invoice after 1st September 2017. £800 to be paid within 30 days of invoice after completion and realization of AW18 show between the 6-8 of January 2018.”and the “Delivery of Services” clause stated this:"1.2 Delivery of the Servicesa. Start date: The Service Provider shall commence the provision of the Services on 7th August 2017b. Completion date: The Service Provider shall complete/cease to provide the Services on 1st February 2018c. Key Dates: The Service Provider agrees to provide the Buyer with the realization of selected pieces for the AW18 Fashion Show by 6th of January 2018.”I was only paid the initial £1000 September. My question is:
Even though I was fired early, I still completed the required job and could prove that I almost worked the entire required just in a more concentrated block of time. Can I legally still charge the company for the final £800?Thank you so much for your help!Warm regards, *****

I have been asked to look at this for you. I’m concerned by the choice of words. “Can I legally still charge the company”? That would imply that you are a contractor not an employee.

It would just mean that you go about it in a different way.

If you are employed you would normally go to an employment tribunal but you only have three months to do that and you are now out of time.

Was no reason why you cannot issue Small Claims Court proceedings which you can do quickly and easily here www.moneyclaim.gov.uk

let the court decide.

You need to send a Letter Before Action to the employer telling them that they have 10 days to pay you after which you will issue Small Claims Court proceedings.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 6 months ago.
Thanks so much for your response!I was actually hired as a “freelance seamstress” in my contract and I need to invoice them for the money. Does this mean I am an employee or contractor?Also, I haven’t invoiced them yet as I didn’t realise I could ... Am I still in the time bracket to invoice them for my work/ am I entitled to the money even though they fired me early?

I think you are a contractor and you are entitled to payment for your invoice for all the work you’ve done and they won’t pay, take them to the Small Claims Court.

In my opinion, the fact that they got rid of you early makes no difference, you are still entitled to be paid for the work that you did.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

Customer: replied 6 months ago.
Ok thanks so much, I will give you a good rating!!!I just want to clarify then - I am still entitled to invoice them even though it’s many months later. And then if they don’t pay then I can send them a Letter of Action and then file a claim at small claims court?
Customer: replied 6 months ago.
Letter before action *

Yes you are entitled to invoice them even though it’s months later. In fact, up to 6 years later! Don’t leave it that long!!

Everything you have said is correct. You can’t just issue proceedings,: you have to do son and the invoice along with the payment terms that they don’t pay, you send them the letter before action saying that if they don’t pay it’s going to end up in court and they still don’t pay, then you issue proceedings using the link I have given you.

F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Hi! I would like to ask a follow up question.
I just sent my employer the invoice and he replied immediately with this"Hi Michaela,Thanks for the email - as stated in your contract final payment was made up until the period you worked therefore we have already finalised payment and this invoice is null and void.Kindest regards,
..."In his words, i am simply not going to get paid for the months of work i did because he fired me early, even though i did all of the work... Should I respond to this and tell him that i am expecting payment within the 30 days?

Is what he is saying incorrect?

Customer: replied 6 months ago.
I worked up until December and the last payment I received was invoiced in September
Customer: replied 6 months ago.
but thE contract is so vague and confusing that I don’t know what’s correct which is why I am asking your advice

I haven’t seen the contract and I haven’t seen the hours you worked and I haven’t seen the hours for which you were paid.

You are going to have to lay that out if this is going to end up in court. You might want to prepare that and let him have it so that is apparent which ones you want paying for

If your last invoice was in September but you worked until December then it would seem that you are entitled to be paid for October November and December unless your September invoice was pro-forma/in advance.

Customer: replied 6 months ago.
My apologies, I thought I sent you a version of the contract. In the initial email I sent you on this message thread, I stated exactly the hours I was expected to work and the hours that I did work, as well as the terms of payment and delivery of services paragraphs taken directly from the contract. Taking this information into consideration, am I still entitled to invoicethe company?
Customer: replied 6 months ago.
Or do you think the company is correct in saying that they don’t to pay me, considering I received the 1st of 2 payment instalments on the contract
Customer: replied 6 months ago.
Thank you for your help

You have given me some wording from the contract but I haven’t seen the contract so I can’t answer you with any certainty. You said you were made to work overtime with no increase in pay and as a result finished the job early and then you were terminated. In effect, you are saying you work yourself out of a job.

If the contract said that you were employed until February 1, 2018, and he has terminated you prior to that, he is in breach of contract and you are entitled to be paid to 1 February 2018