help with getting paid

[nok1]

hi, don`t know if this is in the right section section or not , but here goes:

i work , as a sub-contractor , for a limited company. i`ve worked for him on and off over the last 10 years. he has always been a slow payer. he pays really well which is the reason i`ve always gone back.

now, since i started back with him in november i`ve only got 3 weeks money from him. i know he`s in a tight spot, its the same for his other employees as well.

he now owes me £4600 after tax. if he goes bankrupt have i got a chance of getting any of my money from him? i know you`ll be thinking "why let it get that high" but the agreement is work the month , send him a bill , get a cheque within 14 days. the 3 weeks i worked for him in nov i eventually got, after the cheque bounced twice, on the 10th of jan.

it is now concerning not only me but the other subbies and his employees as no one really knows what we can do if he goes under or what the other lads on his books are entitled to

any help

i don`t want to sue him , yet, as he is normally not a bad source of income. just want to know if we can if it all goes wrong

[godpikachu]

it does not make one jot of difference if he is having problems with his business, he has sub contracted you for work and thus he is obliged to pay you on time, every time.

 

you are not his employee, he has given you a contract to carry out work on his behalf, so therefore this would be classed as a business transaction rather than an employment transaction, so your only real chance of getting what he owes you is more than likely by going down the legal route.

 

for the time being, i would write to him asking why he has been lax in payment of late, and remind him of his obligtion to pay his contractors.

also state that you are going to give him 28 days to send you the full balance amount that he owes you thus far by bank transfer, as his previous attempts to pay by cheque have been unsuccessful, if you do not recieve what you are owed, you will have no choice but to firstly withdraw your services, and secondly to begin legal action to recoup the outstanding fees.

[nok1]

thanks, but what about if he goes bankrupt? will i or can i get any money out of him then? does him being a limited company mean i can`t sue him personnally through a small claims court?

i have spoken to him this morning and has promisd to send a cheque for £2000 tonight, but can`t bank it until he gets his money from the firm he`s working for..... like a say he is not the most on time of payers .

[godpikachu]

thanks, but what about if he goes bankrupt? will i or can i get any money out of him then? does him being a limited company mean i can`t sue him personnally through a small claims court?

 

I'm not too sure about this...someone with a bit more knowledge will be able to help I hope.

 

i have spoken to him this morning and has promisd to send a cheque for £2000 tonight, but can`t bank it until he gets his money from the firm he`s working for..... like a say he is not the most on time of payers .

 

Ok, this isnt really acceptable, as what he is saying is "you dont get paid till we get paid"...he has a contractual OBLIGATION to pay you, and he should have budgeted for your fees.

At the end of the day, you are a sub contractor, while you are working for him unpaid, you could be off doing other jobs for other people who can afford to pay you, so as a result of his poor business managment, YOUr business is suffering.

 

Like I said earlier, you need to give him an ultimatum, pay something, or you wont continue whatever it is you are doing for him.

If you dont, he will most likely keep coming up with excuses and you will end up completing your work and not getting a penny for it.

 

If you have done work for him before, do not mistake this as being a friendship, this matter is a business relationship, you signed contracts for work, and you have the right to demand payment for work done.

 

promises are worthless, as are bounced cheques.

[nok1]

just a quick update, last thursday we decided not to turn in to work until we received a cheque. on friday we were informed , by a workmate , we were no longer required and if he didn`t turn up on monday then he would also have no job as he had broke his contract!!!

now i`m seriously ****ed at this firm , as not only did the boss not ring or inform me but his foreman told this workmate and in turn he told me. so no one has informed me of anything and i haven`t had a penny in payment and he now owes in total £6300 before tax.

he won`t answer his phone and neither will his foreman.

[bazak1]

Hi,

 

I'm not too sure, but i believe the receivers would send you paperwork asking for details of unpaid wages etc which you would need to fill in and return. the unpaid amounts would come from the companys assets but i believe the government is also involved.

 

Someone with more knowledge of this field will be along shortly.....

[Goldlady]

Hi, as a sub contractor you will join the list of creditors if the company goes down - unfortunately. Employees can get outstanding wages from the DTI.

 

I would suspect that in the current economic climate it is not actually his fault, and that people above him in the 'food chain' have not paid him or have gone bust on him.

 

If you have worked only for this company for a long time then technically you are employed even if you have been treated as a subby. There are rules about who is an employee and who is a subby which cover things like whose tools you used, whether you could decide when you did things, who decided when you could have holidays and so on. So if you were an employee in all senses of the word then you might be able to get the money owed from the DTI's fund, which I think would mean taking out an employment tribunal claim.

[nok1]

i`ve worked for him since november 08. off and on over several years.

[Goldlady]

Have a look at this. It might help.

 

HM Revenue & Customs: Employment status