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Nightmare- Self-employment.

14 replies

LovelyBath · 22/03/2016 14:51

My husband is having this nightmare with a job he's doing. He's working for a company and they're are doing an industrial engineering project for another firm.

He's been putting lots of work in and has now not been paid for several months (hourly rate agreed on at the start) When he out his invoice in it was met with 'surprise' and now he's been taken off the job and told not to contact the people they were doing the work for. Now, a new person is being advertised for to replace him.

Any advice on his rights? He says he signed a confidentiality agreement but was for another job? Oh, he was also offered a small percentage of what he's owed to just leave it, or double this small amount to finish art of it. In the meanwhile the company has taken on several staff to 'manage' the project who seem to be doing nothing.

Many thanks for the help.

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IceMaiden73 · 23/03/2016 09:34

What does his contract say ? What does he have in writing?

I would be going down small claims route, but he will probably need written evidence

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IceMaiden73 · 23/03/2016 09:43

Also who did he invoice?

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LovelyBath · 23/03/2016 11:00

He invoiced the company he's working with. they have been paid by the other firm. He has details of what they are supposed to be paying him.

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IceMaiden73 · 23/03/2016 17:20

Small claims then if they won't pay

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IceMaiden73 · 23/03/2016 17:21

Well sorry, I should add, that's assuming it's within small claims limits

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LovelyBath · 24/03/2016 13:37

Thanks. It gets worse. It seems he doesn't have a proper contract, although they agreed to an hourly rate. They got him to sign an NDA (non-disclosure agreement) and not are threatening him not to tell anyone about the situation, including the firm they are doing the work for. Husband wants to finish it as doesn't want to let people down. Says he'll even write off the money and finish it. But they (the ones's paying) have said he's not to contact them or go back on site. It's like some kind of bullying. They are asking him for a written copy of his hours done etc and plans for the work but he's unsure what to do next.

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LovelyBath · 24/03/2016 13:38

Any advice welcome. many thanks.

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LovelyBath · 24/03/2016 13:39

Or, advice on who might be able to help with this. Thanks.

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iyamehooru · 24/03/2016 13:55

Get him to seek legal advice and not to deal with them until he has, sounds like they're trying to get away without paying him, he's been royally stitched up!

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babynelly2010 · 24/03/2016 14:16

Hello, I was in similar situation once but slightly different. I noticed that payments were not coming in, I told the company that no work is going to be done until they pay and they went to liquidation owning me two months worth of pay. I had collection person going after them before they went under with not much help as they just did not have money, it sounds like your husbands company is still trading so there must be money. I would threaten them first, then do small claims if he falls under. Another option if he has business insurance he can contact them to see if he is covered for this kind of crap. People taking advantage of single contractor guys should go to jail as this is equal to robbery. Did they ever tell him why they are not paying? I now don't work unless there is payment, no payment work stops. Ideally it is better to get paid ahead for the reason of this kind of bull...

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babynelly2010 · 24/03/2016 14:17

does he invoice monthly? Contract shall not matter if he invoices.

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Tiggeryoubastard · 24/03/2016 14:22

They seem very keen to not have the other company know they're in trouble...........

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Berthatydfil · 24/03/2016 14:24

Put in an invoice and then if they don't pay take up an action for a creditors liquidation of the company.

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LovelyBath · 24/03/2016 16:27

OK The other company has paid them all the money upfront in advance, this is a lot (e.g. 80,000) so no, they don't want them knowing. Another email today they are 'disappointed' husband has 'been on site'...asking him for his detailed hours, plans from the work etc do they can 'come to a settlement' and things 'don't get messy'. they say he 'must produce this information my next Monday'. Weird how suddenly he's the one in the wrong! Anyway he doesn't want anything to do with them anymore and is concerned if he gives the info they will sort of implicate him as to blame for the work not being completed.

Thank you for the replies. Any suggestions welcome.