Skip to main content

News story

May 20, 2017

Small suppliers to get info on big companies’ payment performance

New regulations designed to help small businesses get paid on time came into force in April, with a requirement for larger companies to publish information about how long they take to pay suppliers.

The requirement affects those companies and limited liability partnerships (LLPs) exceeding the thresholds to qualify as a ‘medium-sized’ company under the Companies Act 2006. The new regulations, therefore, apply to all companies who, at the date of their last two balance sheets, satisfy two or more of the following criteria:

  1. have an annual turnover of £36 million or more;
  2. have a balance sheet total of £18 million or more; or
  3. have an average of 250 or more employees during the year.

From 6 April 2017, those qualifying will be required to publish information on a Government website about their payment practices and policies and how they have performed against them, including the average time taken to pay suppliers. They will also be required to update the information every six months.

The new regulations aim to tackle concerns about the adverse treatment of smaller suppliers by larger, more powerful customers through increased transparency and scrutiny.

The Reporting on Payment Practices and Performance Regulations 2017 came into force as part of the Small Business Enterprise and Employment Act 2015 and applies to public, private and listed companies and LLPs through a separate set of Regulations.

Businesses are not required to report in their first financial year. Those in their second year must check the requirements against their single first financial year.

Reporting is required for parent companies and LLPs if the aggregate group figures exceed the thresholds. Any company or LLP within a group that satisfies the test individually must report separately on its own payment practices and performance.

Our former head of corporate and commercial, Veronica Hartley, explains:

“It’s important that larger businesses check whether they are required to report under the regulations. They must then keep an eye on the thresholds as these will be updated over time. Smaller businesses can ask new customers whether they are required to report and, if they are, check out payment performance as part of their pre-contract checks.”

She added:

“It’s worth remembering that there are other existing measures already available to tackle late payment, including the option of claiming interest and recovery charges. It’s worth checking that existing contract terms don’t undermine those rights with something less advantageous.”

Under the Late Payment of Commercial Debts (Interest) Act 1998, commercial businesses are expected to pay their supplier invoices within 30 days unless they have agreed to a longer time limit of no more than 60 days. Further, all public bodies must pay suppliers within 30 days, except for some specific or devolved activities.

Statutory interest can be applied with a fixed sum of between £40 and £100 (depending on the sum owed) for the cost of recovering the late payment. The interest is currently set at 8% above the Bank of England’s base rate. It starts to run automatically 30 days after either receipt of the supplier’s invoice or the date of receiving or accepting the goods or services (whichever is the later). You can agree to a longer period for payment, but if it’s more than 60 days, it must be fair to both businesses. Unless such a ‘reasonable’ longer period has been agreed upon, purchasers must confirm that goods or services conform with the contract within 30 days.

Late payment legislation does not have to be referenced in trading terms as it will apply automatically in any commercial relationship unless alternative provisions have been set out in the contract.

Call our head of corporate and commercial, Victoria Holland, today.

Note: This is not legal advice. It provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Workplace non-disclosure agreements: What they cover, what they cannot, and what is changing
    Few employment law topics have evolved as quickly in recent years as the non-disclosure agreement, or NDA. Once a quietly drafted provision in a settlement document, the NDA has become a focal point of public debate, parliamentary reform and regulato


    Read more
  • Mitigating risks in business sales and purchases: Is warranty and indemnity insurance essential?
    Understand how warranty and indemnity insurance can help buyers and sellers manage risk, support deal certainty and facilitate smoother M&A transactions.


    Read more
  • Double jeopardy of digital asset inheritance planning amid probate delays
    Hidden digital assets and mounting interest on inheritance tax bills are creating a costly double risk for families dealing with estates following the death of a loved one, as probate delays continue to impact thousands across England and Wales, addi


    Read more
  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more

What they say...

  • Client, May 2026
    Inspired confidence “Charlotte was assured and thorough, as well as being friendly and warm.”

  • Client, May 2026
    Charlotte is great “Charlotte Barbaroussis has been efficient, professional and clear at all times.”

  • Linda Grant, April 2026
    LPA Property and Financial Affairs / Health and Welfare Update “This update was carried out in a timely fashion and in detail. Many thanks to Charlotte Barbaroussis.”

  • W Sandover, April 2026
    Boundary Wall dispute “Although (for complex, not relevant) reasons, this matter never reached the point of either negotiations or a court case, Barker Gillette staff provided us with excellent support. I would certainly go back to them in the

  • Client, April 2026
    Excellent suppy “Karen Cole supported me through a difficult time with warmth and professionalism. She made the entire process as smooth as possible, responding quickly to communication and giving clear advice. I would highly recommend Karen to

Read more
Send this to a friend