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Posted By Andrew Cartridge
A small ( less than 5 employees) industrial cleaning company is having payment witheld by a customer because they have no H&S Policy although the work has been carried out to the customers satisfaction. Bully Boy Tactics or a stall not to pay ?
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Posted By Neil Pearson
A bit of both I'd say. You mention that they have fewer than 5 employees so you know there's no legal requirement to have a written policy, and anyway it has nothing to do with the contract unless it was specified as a pre-requisite. Even then, if the job's done I can't see how payment can be withheld. They'd get a CCJ in their favour I'm sure.
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Posted By Robert Paterson
Although there is no requirement under the legislation it is still good practice to have a safety policy even if it is statement of intent.Check the HSE website where you will find a leaflet called an 'Introduction to Health and Safety' which has a template for writing such a policy. The leaflet is free to download. I agree though a solicitor should be consulted about payment.
Regards
Robert Paterson
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Posted By Karen Todd
A stall not to pay me thinks. Surely the time to enquire about arrangements for H&S and ask for a copy of the policy is before the award of the contract, not after the job's been completed?
Or have they another agenda for wanting to get a copy of the H&S policy at this stage (maybe to cover their behind, as they should have got it first)?
Karen
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Posted By Lance Morgan
If there was a contract and the terms of the contract have been met to the satisfaction of the customer then of course they have to pay.
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Posted By Robert S Woods
Althoug they shouldn't have to; get them to download a copy of stating your business from the HSE website.
Then get them to hire the debt collector featured on TV who covers himself in urine and other smelly stuff and follows the debtor everywhere until they pay up.
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Posted By NIGEL REE
Without a doubt a tactic to delay payment, any reference to the need for a H&S policy should have been noted at contract stage. Just another excuse from large companies to delay payment.
Nigel
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Posted By George Wedgwood
Small Claims Court, I think! There is no reason to withold payment unless a genuine claim for shoddy work or a breach in any written or verbal contract (probably none for this type of work) could be proven. This is a stall, probably due to ignorance and I am sure the Client has been misled by their employee as to the circumstances. If they persist in non-payment, simply follow the procedure laid down for Small Claims - a good procedure can be found at the BBC - http://www.bbc.co.uk/cri...w/smallclaimscourt.shtml) and send a (polite) formal registered letter to the Chairman/MD asking for a response within a definite timeframe such as 7 days.
Regards, George
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Posted By Mike Ellwood
Sorry guys but I think the industrial cleaning company has got it wrong.
If I was employing them I would want to know that that they have carried out RA's for COSHH, Manual Handling, Work Equipment, etc.
If they have not done this they are operating like cowboys.
The policy takes two minutes to download and fill in. So why is there an issue.
I would say forget the requirement on this one and be practical.
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Posted By Merv Newman
Mike,
completely agree with you however the point is that this information should be requested during the purchasing decision process. Asking for it after completion of the work serves absolutely no purpose - other than delaying payment.
I've worked for 50+ different companies all around europe, including the UK and no one has ever asked us for this kind of information or suggested a risk assessment. Sometimes, when looking at their contractor safety procedures, I have mentioned that we, as a contractor, really ought to be "risk assessed" Occasionally there is murmered agreement, usually the suggestion is laughed off. I have never understood why.
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Posted By Nigel Singleton BSc
Please remember guys, that you do have to have a safety policy when you employ less than 5 people, it just doesn't have to be written. Arrange a meeting with the companies MD and explain your safety policy verbally, job done.
Whilst it is easy to serve a writ in the civil court, maybe you should play them at their own game.
Has anyone thought that maybe the larger company is actually trying to improve their own systems by demanding a safety policy from all contractors however it is still a new system and hasn't taken into account the little guy.
Final advice, write a safety policy, I am sure you will be asked again in the future as more companies start to ask contractors for this information.
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Posted By Merv Newman
The point about even small companies having a safety policy is well taken but the absence of a policy does not allow the customer to refuse to pay the bill after the work has been satisfactorily completed.
They can refuse to buy the goods or services but once bought they must be paid for.
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Posted By James Goodstadt
Did the contract between the two parties say you had to have a written policy in place?
If so, would the company be within its rights to withhold payment as the cleaners have not met the terms of agreement?
Just a question as I'm not a lawyer?
All the best
James
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