We need to pay fair
Office of the Small Business Commissioner
Set up under the Enterprise Act 2016 to tackle late payment and unfavourable payment practices in the private sector.
While it’s been a relatively quiet week in terms of meetings and decision making because so many people are on holiday including MPs and Ministers, it’s been a busy one in terms of planning. The autumn is already jam packed with conferences, panel sessions, seminars and webinars. On the one hand it feels like pre-pandemic Business as Usual, and on the other it feels as if there’s momentum for change.?? ??
Next week MPs and Ministers will be back at their desks. The good news is that small businesses are a priority and addressing late payments is at the top of the list for the Department of Business and Trade, so change is in the air, but what will it really mean. ??
I’ve talked to so many of you in the past weeks and months about what late payments means in your part of the business ecosystem. If we start with the smallest, freelancers, the problem may not be so much that payments are late (as in overdue beyond the agreed due date) but that they don’t turn up at all. Freelancers in the creative sectors for example will often be given work on the basis that they will be paid for that work when the customer gets paid themselves. That could leave a freelancer waiting for months for money owed and if the production of the work entails paying other people for materials or labour the freelancers is out of pocket in advance. Sometimes, and I’m speaking from personal experience here, freelancers don’t get paid at all because the work is contracted on a ‘pay when used’ basis, such as pay when published. If it’s never published it’s never paid for. Then there’s the expectation in the freelance world that people will be willing to work for free to get experience or to demonstrate capability. Being a freelancer worker can be a stressful and hungry way to make a living.
Sole traders are on their own. Along with the rest of the micro business owners they’re pitted against the greater power of the bigger customer. Even if the bigger customer is another small business there’s little guarantee that payments won’t be overdue. Small business owners do understand the needs of other small business owners but if you’re waiting to be paid by someone above you in the chain, sometimes there are hard decisions to be made about who to pay and who to delay. It can come down to feeding your family ahead of paying your small suppliers.
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And so it goes on up the chain. Few people can pay the supplier below them on time if the person at the top of the chain, doesn’t pay quickly.
On top of that are the contracts that stipulate long payment terms. If number one customer at the top, makes a contract with number two in the chain, to pay them in 120 days, number 2 probably won’t pay number 3 until at least 127 days and possibly much longer, and so the long time to be paid problem escalates as it cascades down the supply chain.
We won’t fix the problem of late (as in overdue) payments unless we can fix the issue of long payment terms in contracts. As long as smaller suppliers feel they have no choice but to accept extended payment terms or lose the work, smaller suppliers will be waiting to get paid and paying late. We need better contracts that include fairer payment terms. We’ve got to get the message out to businesses of all sizes as well as to ministers and policy makers that it’s to the benefit of everyone. We need that wind of change.?
Proprietor
6 个月Couldn’t agree more larger companies should not be allowed by law to decide payment terms! It’s not acceptable and until some legislation is put in place SME’s will continue to suffer! Piers Cauthery Debt Clear Associates
Ensuring transparent terms can help stabilize the supply chain and support smaller players.
PhD MBA FCCA FCICM PgCert
6 个月In 2006 Albert recomended a maximum 30 day terms to EC. This was approved by MEPs until Euro Commerce lobbied European Council and had 60 day terms implemented. The result, many large companies INCREASED their payment terms to 60 days. Worse still you had Cameron supporting the idea saying small companies could use Supply Chain Finance (we now know why). We now see the EC once again trying to implement a maximum of 30 day terms, and large companies complaining… some citing obscure transactions (slow moving stock) as a reason for long terms … but thesesame companies demand payment from their customers at the till before taking possession of goods… is that fair? #payin30days
PhD MBA FCCA FCICM PgCert
6 个月You should have tge ability to review, name and shame. In my 33years as an FD I have negotiated contracts with hundreds of companies around the world. I think less than a handfull agreed a variation of terms. What really used to annoy me is companies that have cash at sale with their clients and 60+ days from receipt of invoice to suppliers… then say we can’t issue an invoice until we’ve issued a PO, which they won’t consider until you’ve submitted, and tgey’ve approved a time sheet…. Hey problem isn’t over yet - because the agreed terms of 60 days from receipt of invoice morph into settlement on our next payrun after the 60th day or month end…
Electrical Safety for the Hearts and Ohms ??Ark Golf. On a Par with Nature
6 个月Late Payment not barely Tolerable Tony Robinson OBE Non Payment Totally Unacceptable Ian Simpson Working within Government Approval Aligned with Union Approval if associated with a Accrredited Org Well guess what the Year it was implemented in 2003-2004 Over 20 years associated with a Flawed Platform Office of the Small Business Commissioner Liz Barclay