First Contract - IR35 and enforced lunch

[vwdan]

So, I'm just going through the process to secure my first contract - I completely accept I'm a newbie, know jack all but I have tried looking. And, yes, QDOS will be reviewing my contract.

Except I haven't quite got that yet, but they have today sent me a whole raft of e-mails. I've pottered through the "Employee Screening" which, while irritating appears to be standard from what I've found and now I'm trawling through the docs they've sent me. Most of them are instructions for the Timesheet system and a bunch of info about the client which is fine.

Anyway, I found this little nugget in part of the instructions:

1 standard working day is 7.5 hours (excluding breaks). If your manager asks you to work overtime, you need to let us know immediately. Without authorisation, you will not be paid for over 7.5 hours’ work. Please also note that your lunch hour is compulsory and unpaid.

Which makes me a little uncomfortable - not the first bit, but the bit about compulsory lunch. I just wondered if this was normal, should I be worried from an IR35 perspective etc? This appears to be an agency clause, rather than a client cause.

Then there's this bit in their "How to behave on site" docs:

Efficient timekeeping in respect of arriving for work and adherence to lunch and break times is of vital importance to ensuring client Service Level Agreements are achieved.

Contractors must therefore ensure they arrive to work punctually and adhere to agreed break periods at all times.

Contractors must also ensure that they only leave site when authorised at the end of the day, when work has been completed or when granted permission by their onsite manager.

I'm more interested in the contract, but they've asked me to reply and confirm that I've read these documents. I'm not afraid of saying anything, I just don't want to if it's pointless.

I'm planning on just waiting for the contract and then chatting to QDOS about it all, but just in case I'm asked directly to reply before that it's nice to have some understanding of what's normal.

[SueEllen]

It's called the Healthy and Safety at Work Regulations.

Companies who have been sued or been advised they can be sued by overworking staff enforce strict policies. All workers on site are then governed by the rules.

[vwdan]

It's called the Healthy and Safety at Work Regulations.

Companies who have been sued or been advised they can be sued by overworking staff enforce strict policies. All workers on site are then governed by the rules.

Okay, so not an IR35 indicator? I've not had a regular lunch break in 10 years - something to look forward to, I guess..!

[zoco]

Quite right too.

I don't buy this "I'm off at 4 today cos I worked me lunch" nonsense and I wouldn't insult a client by pulling it.

[vwdan]

Quite right too.

I don't buy this "I'm off at 4 today cos I worked me lunch" nonsense and I wouldn't insult a client by pulling it.

Thanks for your advice..?

[northernladuk]

Quite right too.

I don't buy this "I'm off at 4 today cos I worked me lunch" nonsense and I wouldn't insult a client by pulling it.

+1 to that.

To the OP. Just because it says it on a piece of paper does not mean it is gospel. They have to cover themselves should you turn around and accuse them of making you work and you were never told. It's the working practices that matter. If they do have a set lunch it would be wise to follow suit as professional courtesy. Doesn't mean you have been directed. If they don't then just get a feel of what people do and manage yourself as you want but not to stick out like a sore thumb.

We have a contractor that goes to the gym for the full hour and then has his sandwich at his desk while reading the news but this bit is counting as his working time. Dunno who he thinks he is kidding, everyone is well aware.

And before you ask, signing security policies and H&S agreements also doesn't not count towards IR35. Everyone including the people that water the plants has to do it so is not indicative of permie employment.

[infosec]

+1 to that.
And before you ask, signing security policies and H&S agreements also doesn't not count towards IR35. Everyone including the people that water the plants has to do it so is not indicative of permie employment.

These forms often have the word "employee" plastered all over them which is unsettling. I ask for a separate form for non employees to be created, or just cross out a few of the more obvious examples and politely explain why.

[SpontaneousOrder]

ContractorCalculator has some references to lunch times being an indicator of control. I think though it's more a case of telling you when you have to have lunch - Mandating one from a H&S point of view seems more reasonable.

With that being said a mandatory lunch hour would make an offer less attractive to me. Especially as I'm generally spent after 4 or 5 hours, unless there are meetings and stuff.

[northernladuk]

ContractorCalculator has some references to lunch times being an indicator of control. I think though it's more a case of telling you when you have to have lunch - Mandating one from a H&S point of view seems more reasonable.

With that being said a mandatory lunch hour would make an offer less attractive to me. Especially as I'm generally spent after 4 or 5 hours, unless there are meetings and stuff.

I don't see it as an IR35 problem. Easy to argue you go along with their request out of professional courtesy. Just like adhering to client dress policy for example.

I do think it's a storm in a tea cup anyway. I don't think I have ever worked anywhere that had mandatory breaks like this. Seen plenty of cases where lunch has to be taken between these times but not mandated you must take exactly this time. Working practices will trump the paperwork so ask around befoee worrying.

[Clare@InTouch]

From a control point of view I think it's a very small issue, if one at all. You should be more concerned about How, When and Where you do the work - most especially How. If you can prove that you're not subject to control over how you do what you do, then being restricted over where and when you work due to commercial considerations isn't a problem in my view.