self employment non payment payment

PETER D · #1 10-11-2009, 01:38 PM

Working building a house as a self employed site manager given 1 weeks notice that boss could not afford to keep me on,( its his house) then 20 mins later was told to leave there and then due to dispute over someone elses work. Should have been paid following friday (by a umbrella company) but was told by him that he had stopped me £2000 for putting work right, this was only after I called him . I have spoken to a very nice lady at tax office and advised this is a legal matter. I do not get legal aid (tried that) and I am struggling to make ends meet so would like a few ideas on retrieving the money. The umbrella company just keep refering me back to the main company. Any Ideas please.

Darren Jones · #2 10-11-2009, 02:19 PM

Were you the cause of the dispute, if not then i would get yerself down to the nearest CAB and get thier advice, although i suspect you may have to go down the "claiming" route. It only costs about £30-40 online and if you can prove you were nothing to do with the dispute, well it should go your way.

IP · #3 10-11-2009, 02:21 PM

Hi Peter D, welcome to FBF

Who was your contract with?

PETER D · #4 10-11-2009, 02:40 PM

Hi
The contract is with the umbrella company but they just keep refering me to the main contractor.
As I was the site manager the boss is blaming me, but no drawings were issued to the contractors that carried out the work this was the same throughout the whole build. The boss has told me that the original contractor carried out the alterations and charged £2000 I have recieved info from someone that the work was carried out for cash over a weekend by a different contractor.Do you think I could ask for a reciept from the contractor who carried the work out as it was my money that paid for the work.
Thank You

IP · #5 10-11-2009, 02:51 PM

There is not a quick answer to this, first off if you have not already send an overdue invoice for the money you were owed to the company that you had the contract with, in this case the umbrella company, stating that "If payment is not received within 14 days you will be taking further appropriate action against the company to recover monies due". Try and keep all communication in writing, not phone calls.

Sean Stevens on this forum can probably advise you further or be able to do something for you.

Johnny B · #6 10-11-2009, 03:04 PM

Quote:

Originally Posted by PETER D

Hi
The contract is with the umbrella company but they just keep refering me to the main contractor.
As I was the site manager the boss is blaming me, but no drawings were issued to the contractors that carried out the work this was the same throughout the whole build. The boss has told me that the original contractor carried out the alterations and charged £2000 I have recieved info from someone that the work was carried out for cash over a weekend by a different contractor.Do you think I could ask for a reciept from the contractor who carried the work out as it was my money that paid for the work.
Thank You

Hello Peter,

If you are the site manager, then surely you didn't personally carry out the work? As site manager you oversee the project and whichever tradesman carried out the works should be liable for the defects, not you.

If there are no drawings, how can they prove that you done the works wrong?

Also, if the employer was not happy with the workmanship then he should have allowed for you or the tradesman at fault to correct it. He cannot get someone else in to correct your works without at least giving you the opportunity to do it.

You should contact your employer and don't let them pass you over to anyone else, its delaying tactics. Tell them that you didn't carry out the works as you are the manager not the tradesman and to pay you the owed money. Also, send them a dated letter for records purposed and threaten them with a small claims court.

Do you have a contract of employment with them?

PETER D · #7 10-11-2009, 03:20 PM

The invoices were sent to the main conractor who then instructs the umbrella company what to pay. So would it be best to send to both as main contractor will not inform umbrella company.But reading through my contract was with the umbrella company.

IP · #8 10-11-2009, 03:32 PM

You should send them to who your contract was with.

What part of Kent are you from?

PETER D · #9 10-11-2009, 03:33 PM

Hi
The company that carried out the work did offer to carry out the works but were going to be charging £2000. He tried to get there employees to do this for cash but when they refused turned on me and was very abusive and told me to leave site there and then the reasons for the 2k charge was because they had no working drawings and had not received any from him at comencement of work

PETER D · #10 10-11-2009, 03:35 PM

Rochester

self employment non payment payment

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