Why getting tough on late payments matters for every small business in 2026

Late payments aren’t just an admin headache – they’re one of the most persistent structural problems facing the UK’s small businesses, and they continue to do real damage.

Government research suggests late payments cost the UK economy around £11 billion a year and contribute to the closure of roughly 4,000 businesses annually. That’s the equivalent of 38 firms shutting their doors every single day – not because they lack customers or ambition, but because the cash they’re owed simply hasn’t arrived.

Recent figures from the Office of the Small Business Commissioner (OSBC) underline just how widespread the problem remains. Since it was set up in 2017, the Commissioner’s office has helped recover around £10 million in overdue invoices for small businesses. That includes close to £1 million so far this financial year alone.

For large organisations, a late invoice can potentially be considered a rounding error, or a minor annoyance that requires a few back-and-forth emails. But for a small business or sole trader, it can be existential.

According to the Federation of Small Businesses, more than half of SMEs experience late payments regularly, with invoices frequently unpaid for 60 to 90 days or more. That’s money that was expected, budgeted for, and often already spent on wages, stock, tax or rent.

And when cashflow tightens, the knock-on effects can be immediate. Businesses delay hiring, postpone investment, turn down new work or rely on personal savings just to stay afloat. In the worst cases, missed payments cascade into penalties, damaged credit scores or insolvency – even if the business itself is profitable on paper.

At any given time, the government estimates small businesses are owed around £26 billion in unpaid invoices. That’s capital locked up in someone else’s bank account, not being reinvested into growth, innovation or resilience.

The legal case

Small businesses do have legal protections. Under the Late Payment of Commercial Debts (Interest) Act, firms can charge interest on overdue invoices at 8% above the Bank of England base rate, plus fixed compensation for debt recovery costs.

You don’t even need to reference this in a contract for it to apply, though spelling it out in your terms and conditions can help strengthen your position.

In practice, many small businesses are understandably reluctant to enforce these rights. Chasing interest can feel risky when you’re dependent on a client for future work, and the power imbalance between small suppliers and large customers is often stark.

And that imbalance is exactly why recent moves to clamp down on late payments have been widely welcomed across the small business community.

Proposals to hold finance directors personally accountable for payment practices, shine a harsher light on poor behaviour, and penalise firms that repeatedly pay late could mark a turning point. 

Measures such as removing chronic offenders from the Prompt Payment Code or restricting access to public sector contracts send a clear signal: late payment is no longer just bad manners, it’s bad business.

Stronger powers for the Small Business Commissioner, including the ability to carry out spot checks and enforce faster invoice verification, could also help shift the culture from reactive chasing to proactive compliance.

For small firms, this isn’t about special treatment. It’s about being paid on time for work already completed.

What small businesses can do right now

Even with tougher rules on the horizon, late payments aren’t going to disappear overnight. That makes short-term financial resilience just as important as long-term reform. Practical steps include:

• Use a business credit card to manage short-term gaps

A dedicated business credit card can help smooth cashflow, cover essential expenses and buy time while invoices are chased, without dipping into personal finances. Used carefully, interest-free periods or rewards can also help offset everyday costs.

• Build a cash buffer with a business savings account

Setting aside surplus cash during stronger months creates a financial safety net when payments are delayed. Using a business savings account can help businesses stay on top of bills and tax obligations without resorting to panic borrowing.

• Tighten invoicing and credit control processes

Clear payment terms, prompt follow-ups and basic credit checks on new clients can reduce the risk of late payment before problems arise, saving time and stress later on.

Paid on time shouldn’t be a privilege

Small and medium-sized businesses employ the majority of the UK workforce and generate trillions in turnover. Yet, for too long, many have been expected to absorb the cost of late payment as part of doing business.

Recovering £10 million in overdue invoices is a positive step, but it also highlights the scale of the issue, because late payments continue to hold back growth, innovation and confidence across the small business economy.

Stronger enforcement will help. But until the culture fully shifts, taking proactive steps to protect cashflow remains one of the smartest moves a small business can make.