Government takes action to back small businesses and tackle late payments

Government takes action to back small businesses and tackle late payments

The government has today announced tougher measures to tackle the issue of late payments to small businesses. These new measures will be included in the upcoming Prompt Payment & Cash Flow Review, due to be published shortly and will improve delivery and enforcement of policies, enabling more small businesses to get paid on time.

Late payment of invoices and long payment terms are key issues that businesses, especially SMEs, highlight as a barrier to their growth. Owners and managers are forced to spend disproportionate time chasing payments; resulting cash flow problems cause even good, viable firms to struggle.

In 2022, Small and Medium-sized Enterprises (SMEs) were owed on average an estimated £22,000 in late payments. Improving payment culture in the UK will support smaller businesses, many of which do not have the resources to accommodate long or late payments from their business customers and could boost the economy by £2.5 billion annually.

That is why the Government is extending and improving the Reporting on Payment Practices and Performance Regulations and conducted the Prompt Payment and Cash Flow Review.

New measures to be announced in the review will include:

  • Extending the Reporting on Payment Practices and Performance Regulations 2017. Following consultation, Government will take forward legislation to extend payment performance reporting obligations.
  • We will include new metrics for reporting, including a value metric, so businesses and commentators can see the value of invoices, including invoices paid late, and a disputed invoices metric.  We will also introduce reporting on retention payments for businesses in the construction sector.
  • Providing greater advice to small businesses on negotiating payment terms that better suit them, and on how going digital can help them get paid quicker and manage their cash flow.
  • Broadening the powers of the Small Business Commissioner: Introducing broader responsibilities, enabling the Commissioner to undertake investigations and publish reports where necessary on the basis of anonymous information and intelligence. This will require primary legislation, so will be subject to the legislative timetable.

The stronger measures will benefit UK businesses by fostering a stronger payment culture and providing businesses with more predictable and reliable cash flow, allowing businesses to spend and invest with greater certainty.

It will reduce the time spent by businesses chasing payments, freeing up more time for other activities that will help them to grow. Tackling late and long payments provides an opportunity to increase investment and productivity across the economy.

This will improve payment culture in the UK to support smaller businesses, many of whom do not have the resources to accommodate long or late payments from their business customers.

FIS Chief Executive Iain McIlwee said:

“It is great to see these recommended changes are being implemented.  This is an area where FIS has long been calling for reform and we have worked closely with a number of specialist organisations this year to highlight our concerns around current reporting practices and to call for a more realistic measure of late payment centered on value that would limit gaming of the system.  The new reporting requirements linked to retention and disputed invoices are also welcomed.

Whilst we would rather see retention ended all together, or at the every least protected in trust, this is again a step forward as it starts to hold businesses to account for behaviours.  If you can measure it, you can start to manage it. 

We will continute to lobby for reform and particularly a review of the payment certification process.  We will also work with colleagues from across the sector to ensure that we aren’t just counting better, but there is enforcement against these measures that sees good behaviours rewarded through procurement and bad practice driven out of our industry.”

Secretary of State for Business and Trade Kemi Badenoch said:

SMEs make up 99 per cent of firms in the UK and are the lifeblood of our economy. I know that late payments are a massive barrier to growth and I am determined to fix that.

The measures we’re announcing will take a big step towards making sure SMEs get their payments on time, helping firms to grow and prosper.

Small Business Minister Kevin Hollinrake said:

Small businesses form a crucial part of large companies’ supply chains. Without them, they couldn’t do business. It’s only right that they should be paid promptly for their services.

SMEs that are paid on time can do more business, scale up and make more profits, delivering growth for the economy.

FIS Calls for payment and retention overhaul

Menopause policy published

Menopause policy published

Build UK has worked with Citation to publish a template Menopause Policy which can be used by members to help employees in the workplace going through the menopause. Employees of menopausal age are the fastest growing workplace demographic in the UK, and this policy has been developed in response to calls from members for support on raising awareness amongst employees and retaining women in the workforce to continue benefiting from their skills and knowledge.

The template policy has been drafted so that it can be adopted in its entirety, or elements can be incorporated into existing policy documents, and members will need to provide basic contact information to download it. It sets out the employer’s responsibilities as well as practical ways to provide an inclusive and supportive working environment for employees going through the menopause and their colleagues.

Build UK appoints new Chair

Build UK appoints new Chair

At its AGM earlier this week, Build UK appointed Julie White, Managing Director of D‐Drill and a member of the Drilling and Sawing Association (DSA), as the new Chair of Build UK. Having grown up in the industry, in the family business which she now owns, Julie is a passionate champion for construction, making regular visits to Downing Street as a member of the former Prime Minister’s Business Council and sharing her views in the national and trade media.

Commenting on her new role, Julie said:

“I’m absolutely delighted to be appointed as Chair of Build UK for the next two years. Having been on the Board since its inception in 2015, I truly believe in the value of having the whole supply chain around the table to develop solutions and provide a strong collective voice for the sector. I can’t wait to get started and use my time and energy to make a difference for this fantastic industry of ours.”

Julie succeeds Paul Cossell who led Build UK since January 2022, overseeing an increase in membership whilst responding to a range of challenges, including the end of COVID‐19 restrictions, record inflation, and the introduction of the new building safety regime.

Countdown to New Building Safety Regime

Countdown to New Building Safety Regime

The next phase of the new Building Safety Regime will come into effect from 1 October and will affect all new buildings.

For new Higher‐Risk Buildings (HRBs), the Building Safety Regulator (BSR) will be the Building Control Body, with transitional arrangements allowing projects already underway to continue to completion under the current regulatory framework. All members through the supply chain should make sure they are clear which requirements will apply to their projects from 1 October and take the necessary steps to comply with them.

The Department for Levelling Up, Housing and Communities (DLUHC) has also released two more sets of regulations. The Building Safety Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023 bring into force a number of provisions of the Building Safety Act, including making the BSR the Building Control Body for HRBs, whilst The Building Act 1984 (Commencement No. 3) (England) Order 2023 amends section 33 of the Building Act 1984 to allow the building control authority to either conduct tests of a building to ascertain whether the work would contravene Building Regulations or require the owner or occupier of the building to do so.

FIS Guide: Introduction to the Building Safety Act

FIS has written a guide to help introduce the basic concepts of the Building Safety Act to all businesses.

Taxing issues

Taxing issues

The JTC has highlighted tax issues that members should be aware of, including:

  • Advisory fuel rates from 1 September 2023
  • VAT and late payment interest
  • Tax avoidance schemes
  • Low emission zones – tax deductible for self employed or sole traders
  • Disposing of plant and machinery

The next big date for announcements will be 22 November following the Autumn Statement.

Lens Blog: Support for FIS members

Lens Blog: Support for FIS members

FIS Consultant Len Bunton talks about the work that he carries out for members, and summarises some guidance that will help member organisations to improve cash flow within their organisation.

The assistance we provide usually starts with a phone call from a member organisation who has some sort of payment problem, and the answer is to respond quickly and to be provided with relevant communications and try to understand why the member is not being paid. The second stage of that would be to endeavor to have a discussion with the other party involved, and to get their side of the position and to see if there can be some sort of compromise that will allow the member to be paid.

Members can see the full blog

These monthly Blogs are designed to help FIS Members avoid common traps and build on our focus on collective experience.  They share ideas about improving the commercial management of your contracts. In other words, instilling best practice into the way FIS members run and manage their business. What I have endeavored to suggest is ways to ensure you get paid on time, and what you are due.