Urgent advice please

[finkmans]

Hi all
I am new to site and hope you can help .
I have been working on a self employed basis but full time for a construction co ,for 4 months. I recently informed them I would be leaving giving them 4 wks notice .1 day before my final pay day they have informed me they are making deductions for work completed several mnths ago that a customer has complained about. to date no mention of problems or option to rectify any issues have been disscused .can I refuse to hand back the company van I have untill I am paid my final salary or until matter resolved in court .
any advice much appreciated just feeling really shafted
many thanks
ps we have been paying a monthly fee for use of company vehicle.

[MissFM]

Re: urgent advice plse

to Legal Beagles Finkmans

It does sound to me as if you're being shafted but please don't do anything precipitate. Someone who knows about employment law will be along to help you soon.

[Tools]

Re: Urgent advice please

Did you have a written contract, I assume you were working as self employed labour?

Have they given details of what work was queried?

As for the van, I`m afraid you have no right to hang onto it.

[finkmans]

Re: Urgent advice please

Hi thanks for reply
no options to rectify any work only told today .
my Final invoice for other work due for payment tomorrow.
They work in question was signed off by client and by companys project manager.over 4 mnths ago and no mention made until today ,a day from final pay due.
surely you have to be given option to rectify work if applicable.
I have completed several projects since with excellent feed back but only now have a problem as I wanted to leave .
Can I go small claims or will I be wasting my time .
just really frustrating as with most people really under financial pressure
Thnks

[Tools]

Re: Urgent advice please

Apologies, I didn`t realise you invoiced the company directly.

I assume you have submitted your final invoice for payment? You must ask them to detail in writing exactly what previously completed work they have an issue with. Ask them for copies of any documents to support their claim the customer has complained. Finally, make them aware that if they do not resolve this within 30 days you will seek advice with a view to bringing a claim, making them aware that you would be entitled to claim interest and any reasonable debt collection costs in compensation to the values set out below.

Ł40 for amounts up to Ł999.99

Ł70 for amounts Ł1000 - Ł9,999

How much are we talking about as sometimes you also have to weigh up the costs of recovering the money compared to the disputed amount.

[finkmans]

Re: Urgent advice please

Hi thnks
The amount due Ł1600 ,do I have to wait 30days for them to respond as i have rent and bills to pay or do I have to just accept this is going to take a while ?
thnks
Cheers

[ostell]

Re: Urgent advice please

I've had customers do that to me when I've presented an invoice. I did take it to small claims, they were annoyed but they paid (twice by rubber cheques!!). I did tell them that they should have disputed at the time of the alleged problem. This is business to business, not consumer.

[wales01man]

Re: Urgent advice please

If they are not going to pay and you have to take county court action it will be at least 30 days before you might receive some money >that's if you win then if they pay.
If they refuse to pay that's another problem sorry to say in business there are many companies like this.

[charitynjw]

Re: Urgent advice please

http://www.hmrc.gov.uk/employment-status/

Employed or self-employed?

In order to answer this question it is necessary to determine whether the person works under a contract of service (employees) or under a contract for services (self-employed, independent contractor). For tax and NICs purposes, there is no statutory definition of a contract of service or of a contract for services. What the parties call their relationship, or what they consider it to be, is not conclusive. It is the reality of the relationship that matters.
In order to determine the nature of a contract, it is necessary to apply common law principles. The courts have, over the years, laid down some factors and tests that are relevant, which is included in the overview below.
As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:

• Do they have to do the work themselves?
• Can someone tell them at any time what to do, where to carry out the work or when and how to do it?
• Can they work a set amount of hours?
• Can someone move them from task to task?
• Are they paid by the hour, week, or month?
• Can they get overtime pay or bonus payment?

If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:

• Can they hire someone to do the work or engage helpers at their own expense?
• Do they risk their own money?
• Do they provide the main items of equipment they need to do their job, not just the small tools that many employees provide for themselves?
• Do they agree to do a job for a fixed price regardless of how long the job may take?
• Can they decide what work to do, how and when to do the work and where to provide the services?
• Do they regularly work for a number of different people?
• Do they have to correct unsatisfactory work in their own time and at their own expense?

[finkmans]

Re: Urgent advice please

Hi all
thnks all for advise must admit some of it beyond my understanding. Hopefully they will cave in before court or magistrate understands a simple laymens point of view of right and wrong but will not hold my breath .
Many thnks all

[charitynjw]

Re: Urgent advice please

Hi finkmans,

Basically, the 'label' self-employed is not the whole story.
If you can't make a decision not to go to that place of work without getting into trouble, or if you can't send someone in place of you, the court may decide that, for the purposes of employment law, your status is that of 'employee'.(Contract of service).
The more control the other party has over you, the more likely this will be.
This is done to stop employers circumventing their employment obligations.