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AIBU?

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Not been paid

37 replies

Helpme17 · 23/03/2025 14:54

So I’m self employed and I have got so advice about my constant late payments will they just laugh at me or dose this stand?

My Final Demand
I am claiming the following amounts:

  1. Unpaid Wages: For the six weeks I was unpaid during the summer holiday in July 2024: £900.
  2. Travel Expenses: Travelling 60 miles
  3. every Tuesday over the past year, calculated at the HMRC-approved mileage rate of 45p per mile: £1,296.
  4. Late Payment Fees: For six months of late payments (October, November, December, January, February, and March), using a standard fee of £40 per late payment: £240.
  5. Compensation for Financial Stress:
  6. Considering the financial burden and significant stress caused by these delays, I am claiming £300 in compensation.
Total Final Amount• .£2736.
OP posts:
New posts on this thread. Refresh page
Helpme17 · 24/03/2025 12:29

Thanks

OP posts:
Crikeyalmighty · 24/03/2025 11:37

@ShhhhhItsASurprise I guess you are right. My H does projects for a particular high profile client where he doesn’t get paid sometimes for 8 months as he’s paid at particular points of delivery and these aspects can be delayed due to the clients end and clearances etc - he is well paid when he is paid but these aspects nature of the beast means it’s quite erratic- but he is aware of this- consequently we plan accordingly and it’s not our only client or our major client.
I do find it a bit shit when you have lower paid jobs ( and I’m presuming this is) paying people in this way as it’s clearly done to avoid certain things such as employers tax/paid holidays/sickness and yet clearly the people concerned doing the jobs aren’t usually in a position to go unpaid for months at a time nor any agreed expenses covered off quickly.

PhilippaGeorgiou · 24/03/2025 10:52

Nobody cares where you copy and pasted something from, so repeating it over and over doesn't work. You have been asked a number of very specific questions about the terms of the conract that you have with the school and have failed to answer any of them. The only person being rude is you, and your posts are making little sense in realtion to what you are being asked. People are trying to help you and all you are doing is telling them nothing to do so, then accusing them of being rude.

Unless you have a contract stipulating these costs and fees then you are not owed them. Do you have a contract which you agreed with the school and are these items in that contract? You cannot simply make things up in retrospect, and it looks like that is what you are doing.

Thelittleweasel · 24/03/2025 10:51

@Helpme17

If you are truly self-employed you do not [almost by definition] get "wages".

You possibly need to consult HRMC and/or ACAS as to your true status.

Helpme17 · 24/03/2025 10:49

i got my answer. It’s £40
per late fee .

OP posts:
Helpme17 · 24/03/2025 10:45

Rude… don’t forget you don’t need to reply

again the numbers where copy and pasted from Google hence I asked

OP posts:
ShhhhhItsASurprise · 24/03/2025 10:43

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

ShhhhhItsASurprise · 24/03/2025 10:42

Helpme17 · 24/03/2025 10:03

Excuse me not being my normal self. 6 weeks since I’ve been paid so no im
possbly not with it! No need to be rude

Stick to one thread. Read the Government pages about self employment and work out what your argument is. Have you already sent the demands that you’ve been told aren’t relevant?

Crikeyalmighty · 24/03/2025 10:33

Reading your previous post - do you do all your work for this one client and at times directed and ordered by them?? As if so they are falling foul of IR35 and you aren’t really self employed as such. If that’s the case they need to have you on payroll

faerietales · 24/03/2025 10:09

Helpme17 · 24/03/2025 10:03

Excuse me not being my normal self. 6 weeks since I’ve been paid so no im
possbly not with it! No need to be rude

Your posts just don’t make sense.

If you’re self-employed you can’t claim for the majority of the things you’re asking for.

Mileage is something you claim on your tax return at the end of the year.

You don’t receive any wages.

You don’t get paid for not working over the summer holidays.

You can’t claim any costs for travel time unless it’s in the contract you wrote and that your clients have signed and agreed to.

Yes, you can charge a late payment fee but additional compensation because you’re stressed? I don’t think so - you should have just stopped working for them the first time they didn’t pay you on time - that’s one of the beauties of being self employed, surely?

ilovesooty · 24/03/2025 10:04

Why are there separate points 5 and 6?

Helpme17 · 24/03/2025 10:03

Excuse me not being my normal self. 6 weeks since I’ve been paid so no im
possbly not with it! No need to be rude

OP posts:
Helpme17 · 24/03/2025 09:57

I did post the emails i have had but yeah standard late fee charge

OP posts:
Crikeyalmighty · 24/03/2025 09:49

We are self employed but do a lot of work for one client and have for 17 years but we have an ongoing retainer and sales bonuses and a letter confirming that - do you have anything in writing?

ShhhhhItsASurprise · 24/03/2025 09:45

LIZS · 24/03/2025 09:43

But did your contract specify those payment terms? You might be better claiming interest on outstanding balances than trying to impose fees retrospectively.

There is no contract.

ShhhhhItsASurprise · 24/03/2025 09:45

Helpme17 · 24/03/2025 09:39

Just a quick one , what I posted was from a Google search with my information- hence I asked if it looked right.

its £200 £40 each missed payments

thanks all

Your other thread is getting accurate advice. Why have you started another one?!

You clearly don’t have a clue.

LIZS · 24/03/2025 09:43

Helpme17 · 24/03/2025 09:39

Just a quick one , what I posted was from a Google search with my information- hence I asked if it looked right.

its £200 £40 each missed payments

thanks all

But did your contract specify those payment terms? You might be better claiming interest on outstanding balances than trying to impose fees retrospectively.

Helpme17 · 24/03/2025 09:39

Just a quick one , what I posted was from a Google search with my information- hence I asked if it looked right.

its £200 £40 each missed payments

thanks all

OP posts:
CandidHedgehog · 23/03/2025 16:58
  1. If you are self employed, you usually only get paid for hours worked - if you didn’t work over the summer, you don’t get paid. Also, you don’t get wages anyway.
  2. You can only claim travel if that was in your original contract. Travelling to and from one place of work doesn’t usually mean you get expenses. Travelling during the working day might dependant on contract (some self employed people factor it into their hourly rate so there is no assumption expenses will be paid).
  3. I think you can only charge late fees if they are in the contract - you need to check this with a lawyer.
  4. ’Financial stress’ isn’t a thing and anyway, that’s what the late fees are for so you are double claiming anyway.

Other than the unprofessional ‘financial stress’ claim, whether or not your claim for the rest is reasonable is completely dependant on the original agreement (that’s how self employment works) so unless you give details, nobody can say. From what PPs say, there seems to be some sort of backstory here? If you give more details, people might be able to give more targeted advice.

Also, if you are talking about ‘wages’, that’s not compatible with being self employed so you may have been mis-classified. It might be worth considering the ACAS page.

https://www.acas.org.uk/employment-status/self-employment

Self-employment - Employment status - Acas

What self-employment means, what rights self-employed people have and how to work out if someone is genuinely self-employed.

https://www.acas.org.uk/employment-status/self-employment

VivX · 23/03/2025 16:06

Pedantically, if you're self-employed, you aren't owed "wages". Nor would you be entitled to be paid over a summer holiday if you didn't work it unless you have some sort of retainer (or similar) written into your contract.

Assuming that you are self-employed, you could probably charge late payment fees - have a look at the Late Payment of Commercial Debts (Interest) Act of 1998.

If you had a contract or letter of engagement or agreement, you would need to check that for what you can invoice for mileage.

Financial burden and stress - probably not... again, what does your contract say (if you have one) about charging other penalties.

(I haven't read your other thread, though)

Feelingstrange2 · 23/03/2025 15:46

Radish81 · 23/03/2025 15:36

bit more than “disappointing” when we’re talking about a school and children

Yes, that is true!

Radish81 · 23/03/2025 15:36

Feelingstrange2 · 23/03/2025 15:26

Very disappointing if a school does not ensure employment status has been checked and underpinned with an appropriate agreement!

This goes to show why it's so necessary. There is much potential room for confusion.

Edited

bit more than “disappointing” when we’re talking about a school and children

Feelingstrange2 · 23/03/2025 15:26

Very disappointing if a school does not ensure employment status has been checked and underpinned with an appropriate agreement!

This goes to show why it's so necessary. There is much potential room for confusion.

PhilippaGeorgiou · 23/03/2025 15:24

Feelingstrange2 · 23/03/2025 15:17

So if this is correct, I would be very surprised that a school wouldn't have required some sort of written terms in place before the engagement commenced.

That should be a starting point.

Edited

Me too, but the other thread looked like there wasn't a client contract because, well, to be frank, it looked a bit of a pigs ear. I couldn't even see how the OP was self employed. But it did appae that there were no terms for what she is claiming. She can't just decide to claim a years worth of travel expenses that nobody has agreed to pay her.