Late Payment Policy

Mitigating the Impact of Late Invoice Payments: A Strategic Approach

Late payment of invoices adversely impacts both recipients and the broader economy. To foster a healthier business environment, particularly for small and medium-sized enterprises, it is imperative to implement measures that hold delinquent payers accountable. The government can undertake several strategic actions to address this issue effectively:

  1. Enhance and Enforce Legislative Framework
    • Reinforce Payment Legislation: Strengthen the Late Payment of Commercial Debts (Interest) Act 1998 by introducing more stringent penalties, thereby increasing the financial repercussions for businesses that delay payments.
    • Mandatory Payment Terms: Introduce mandatory, shortened payment terms for large enterprises when dealing with SMEs, reducing the current 60-90 day standards to more SME-friendly terms, such as 30 days.
    • Automatic Penalties: Establish automatic financial penalties for companies failing to meet agreed payment terms, eliminating the need for suppliers to engage in legal proceedings.
  2. Expand the Role of the Small Business Commissioner
    • Augment Powers: Empower the Small Business Commissioner with the authority to investigate and penalise habitual late payers, including the ability to levy fines or publicly identify repeat offenders.
    • Enhance Mediation Services: Strengthen mediation services offered by the Small Business Commissioner to facilitate faster and more efficient dispute resolutions.
  3. Increase Transparency
    • Mandatory Reporting: Broaden mandatory reporting requirements to encompass more businesses, ensuring public disclosure of payment practices and performance. This transparency will encourage timely payments to avoid reputational risks.
    • Payment Practices Database: Develop a publicly accessible database for SMEs to report late payments, aiding in the identification and monitoring of companies with poor payment records.
  4. Promote the Adoption of the Prompt Payment Code
    • Mandatory Compliance for Government Contracts: Require companies to adhere to the Prompt Payment Code as a prerequisite for qualifying for government contracts, thus encouraging the widespread adoption of sound payment practices.
    • Regular Audits: Conduct regular audits of companies committed to the Prompt Payment Code to ensure adherence to its standards.
  5. Incentivise Early Payments
    • Tax Incentives: Introduce tax relief or other financial incentives for companies that consistently meet or exceed payment terms, thereby encouraging prompt payment behaviour.
  6. Support Small Businesses
    • Enhanced Access to Finance: Facilitate access to short-term financing for SMEs impacted by late payments through government-backed low-interest loans or grants.
    • Education and Support: Provide SMEs with resources and training on credit management, invoicing best practices, and legal recourse for handling late payments.
  7. Public Sector Leadership
    • Exemplary Payment Practices: Ensure all public sector bodies adhere to strict payment terms and promptly settle invoices, setting a benchmark for the private sector.
    • Stringent Policies: Implement robust prompt payment policies across all government entities, with regular public reporting on adherence.
  8. Address Systemic Challenges
    • Regulate Supply Chain Financing: Ensure supply chain financing does not extend payment terms unfairly, thereby exacerbating late payment issues.
    • Research and Monitoring: Fund ongoing research to track late payment trends and their economic impact, using this data to inform future policy initiatives.

By implementing these measures, the government can significantly enhance the business environment for SMEs and mitigate the negative effects of late payments, thereby contributing to overall economic stability.