Taking breaks

[ODB]

Hello

I recently started a new contract with a Pension provider for a 6 month role. My own fault but I didnt query the contract (didnt get it until friday at 4:30 and I had to start monday) due to being in a rush. The contract states:

a minimum of eight (8) hours per Business Day, forty
(40) hours per week

So would that include a break or not? The agency told me it was a standard 9-5, 1 hour lunch (as has been the case in the last role which lasted 4.5 years). So I've gone from working 7 hours a day (min) to 8 hours a day (min). Now I'm not that bothered about that tbh though it is a tad annoying and I cant help but feel like I'm being taken advantage of (full time employees do a 35 hour week).

Now on top of this I'm now being told I HAVE to take a break....which means I can get in even earlier or stay later. I was under the impression that legally I dont have to take a break if I dont want too (though when I briefly discussed this with line manager yesterday I was told it was a legal requirement)?

This has only been communicated yesterday, a month after I started the position to coincide with around 15 other contractors starting this week. There is nothing in the contract that states anything to do with breaks so unsure how I stand here


Any advice on this please

[cojak]

How do you stand? You stand just like me as I have exactly the same conditions.

Yes, it is a legal requirement for the client to provide breaks (30 minutes lunch).

If you're so upset by it, remember to check during the interview next time.

[Old Greg]

Hello

I recently started a new contract with a Pension provider for a 6 month role. My own fault but I didnt query the contract (didnt get it until friday at 4:30 and I had to start monday) due to being in a rush. The contract states:

a minimum of eight (8) hours per Business Day, forty
(40) hours per week

So would that include a break or not? The agency told me it was a standard 9-5, 1 hour lunch (as has been the case in the last role which lasted 4.5 years). So I've gone from working 7 hours a day (min) to 8 hours a day (min). Now I'm not that bothered about that tbh though it is a tad annoying and I cant help but feel like I'm being taken advantage of (full time employees do a 35 hour week).

Now on top of this I'm now being told I HAVE to take a break....which means I can get in even earlier or stay later. I was under the impression that legally I dont have to take a break if I dont want too (though when I briefly discussed this with line manager yesterday I was told it was a legal requirement)?

This has only been communicated yesterday, a month after I started the position to coincide with around 15 other contractors starting this week. There is nothing in the contract that states anything to do with breaks so unsure how I stand here


Any advice on this please

Is it still worth the money? If so stay and don;t complain. If not, renegotiate and if you fail, leave. Worst thing is to stay and complain.

[captainham]

Worst thing is to stay and complain.

This, plus the fact that a certain poster on here has already claimed top spot in that position, so there's no room for a second!

[SpontaneousOrder]

If the client is legally required to provide breaks, are you as a contractor legally obliged to take them?

[BlasterBates]

It's normal to have to take a break, 30 mins minimum.

[northernladuk]

Hello

I recently started a new contract with a Pension provider for a 6 month role. My own fault but I didnt query the contract (didnt get it until friday at 4:30 and I had to start monday) due to being in a rush. The contract states:

That is no excuse. More worryingly is you didn't get it IR35 checked either.

So would that include a break or not? The agency told me it was a standard 9-5, 1 hour lunch (as has been the case in the last role which lasted 4.5 years). So I've gone from working 7 hours a day (min) to 8 hours a day (min). Now I'm not that bothered about that tbh though it is a tad annoying and I cant help but feel like I'm being taken advantage of (full time employees do a 35 hour week).

How can you say that when you didn't even bother to review the contract first?

Now on top of this I'm now being told I HAVE to take a break....which means I can get in even earlier or stay later. I was under the impression that legally I dont have to take a break if I dont want too (though when I briefly discussed this with line manager yesterday I was told it was a legal requirement)?

This has only been communicated yesterday, a month after I started the position to coincide with around 15 other contractors starting this week. There is nothing in the contract that states anything to do with breaks so unsure how I stand here


Any advice on this please

Check your contract and query it before signing. Thank god they didn't just put professional working day lol.

Appears you have two choices as already mentioned...

[Old Greg]

That is no excuse. More worryingly is you didn't get it IR35 checked either.



How can you say that when you didn't even bother to review the contract first?



Check your contract and query it before signing. Thank god they didn't just put professional working day lol.

Appears you have two choices as already mentioned...

Maybe he works through a brolly or is slam dunk inside IR35?

[ODB]

How do you stand? You stand just like me as I have exactly the same conditions.

Yes, it is a legal requirement for the client to provide breaks (30 minutes lunch).

If you're so upset by it, remember to check during the interview next time.

In the interview I was told an hour lunch. However contract doesnt specifically state that

So are you saying based on the contract terms I poisted a break should be within that and not outside of it?

If the client is legally required to provide breaks, are you as a contractor legally obliged to take them?

I dont know if they are legally entitled to provide them though I know I'm not legally obliged to take them (this being the point as they are trying to force me to take them and stay later)

It's normal to have to take a break, 30 mins minimum.

Agreed...but if it doesnt specifically state it in the contract

That is no excuse. More worryingly is you didn't get it IR35 checked either.

How could I? I didnt get it until the last minute and the agency were useless. I did all the chasing and I had to get stuff done (like references) cause they didnt. I wanted to review but was promised the contract on the monday, didnt get it until the friday. End of the day I couldnt risk being out of work

How can you say that when you didn't even bother to review the contract first?

I did...it doesnt state anything about breaks, just the 8 hours thing. On the back of what I'd already been told seemed ok and wouldnt have had time to sort it out any further anyway getting it so late

[northernladuk]

How could I? I didnt get it until the last minute and the agency were useless. I did all the chasing and I had to get stuff done (like references) cause they didnt. I wanted to review but was promised the contract on the monday, didnt get it until the friday. End of the day I couldnt risk being out of work

Once they have committed to you you hold a certain position power. It won't be worth their while to bin you and start the process with someone else so you can dictate the terms a little. You accept verbally saying 'subject to contract review' and make it clear to them at all stages of the process you will not start until you have a contract and it get's reviewed. That then puts the onus on them to get it sorted. Any delays for contract review will fall squarely on their shoulders. You get the contract on Friday and tell them again, subject to review which takes 24 hours (if you pay for the QDOS service) you will start on Tuesday.

There is no risk at all there, just a day less billing which will be considerably cheaper than finding out your are inside IR35.

And IMO if the contract says you are paid for 8 hours work then you must work 8 hours. You don't get paid for breaks and lunch. Some clients take the piss and some don't. Such is the world of contracting.