"Custom and practice" re terms and conditions?

[ptpenry]

I have been contracting for the same public sector organisation for a few years, though through an agency. My contract states that my "Working Day is normally 8 hours". The "working day" has never been formally defined as including/excluding lunch breaks, until now.

Since I started there, I have worked 7.5 hours (or more) and have taken a 30 minute lunch break each day, so that I am in the office for about 8 hours or more. My previous client manager was happy with this. I now have a new client manager who has clarified the "working day" with the agency as being just working hours, and he has told me today that from next week he expects a minimum of 8 hours actual work every day.

As I have been working a minimum of 7.5 hours a day under the same terms and conditions (though different contracts) for 3 years, am I able to argue that although the contract states 8 hours, it is "custom and practice" that in reality this equates to 8 hours on site and 7.5 hours of work?

Or would I need to get a solicitor to clarify this?

Thanks

[malvolio]

I have been contracting for the same public sector organisation for a few years, though through an agency. My contract states that my "Working Day is normally 8 hours". The "working day" has never been formally defined as including/excluding lunch breaks, until now.

Since I started there, I have worked 7.5 hours (or more) and have taken a 30 minute lunch break each day, so that I am in the office for about 8 hours or more. My previous client manager was happy with this. I now have a new client manager who has clarified the "working day" with the agency as being just working hours, and he has told me today that from next week he expects a minimum of 8 hours actual work every day.

As I have been working a minimum of 7.5 hours a day under the same terms and conditions (though different contracts) for 3 years, am I able to argue that although the contract states 8 hours, it is "custom and practice" that in reality this equates to 8 hours on site and 7.5 hours of work?

Or would I need to get a solicitor to clarify this?

Thanks

PCG Member? If so call the legal helpline. If not (and why not... ), if that's all your contract says on the matter then they can't really argue; by making it a set time they are unilaterally varying the contract terms, which is not an option. It also blows your IR35 defence (assuming you have one) by imposing a degree of D&C.

Be careful though; get this wrong and you won't have any working hours to worry about. Perhaps point out that you deliver all you need to deliver already, working more hours won't change anything.

[Brian Potter]

I agree with SpontaneousOrder's post below.

[SpontaneousOrder]

Sounds like you could do with a change of scenery anyway?
I couldn't stay somewhere that counted my hours - they're either happy with my output or they aren't. I don't know what you do, but I spend a good chunk of many days surfing anyway; There is no way I can be productive coding for 8 hours a day. 8 hours including meetings maybe. Some guys can be, but I tend to equal or surpass their productivity anyway - I just do it in intense spurts.