Working Time Regulations

[psychocandy]

What do you think of this? It's a considerably shorter version of the 12 paragraph original!

<<
With respect, in reference to your comments in regards to lunch, you’re mixing up contractors with permanent employees. I am a director of my own company, and am therefore not caught under a number of the Working Time Regulations, as I am an excluded class. I am not employed by <client>; you are my client, and I am therefore within my rights to stipulate my working hours, so long as they are appropriate (we verbally agreed 8 till 4 at the interview stage) and the work is completed to a satisfactory level. I appreciate I have left 15 minutes early at times, and if 15 minutes less work per day is a problem, I will make sure I am available until 4pm every day. If you require me at any other time, I can provide you my mobile phone number and I can work remotely.

I am, of course, required to obey any health and safety whilst on site, and sign any confidentiality agreements etc, but the hours I work, the breaks I take and how I perform the duties set out in the contract is at my discretion. This is the legal standpoint, though of course it is in my interest to work the hours set out in the contract.
>>

You are of course completely right in what you say but Im not sure if its going to get the clients back up like this. In my experience, most clients just want you to turn up and act like a permie without getting too much grief off you.....

[SueEllen]

You are of course completely right in what you say but Im not sure if its going to get the clients back up like this. In my experience, most clients just want you to turn up and act like a permie without getting too much grief off you.....

Psychocandy is right with one thing if you email them first before speaking to them about the contents of the email you may put their back up.

[tarbera]

If you were working for me

I would let you go and get someone prepared to do the hours required

[SueEllen]

I would let you go and get someone prepared to do the hours required

Personally I would just get in 15-30 minutes earlier as not taking a lunch break is unhealthy. While we don't have to comply with the Working Time Directive it's there for a reason.

Though if they are being anal you can always send them a copy of your opt-out as an employee of your limited company.

[The Agents View]

Personally I would just get in 15-30 minutes earlier as not taking a lunch break is unhealthy. While we don't have to comply with the Working Time Directive it's there for a reason.

Though if they are being anal you can always send them a copy of your opt-out as an employee of your limited company.

Is the role through an agent? If so, you should be separate yourself from the issue, and let the agent take the flack for it. Explain that your client is XYZ agency, and ask them to address concerns to them. Again...it's what we get paid for.....

[cojak]

I would let you go and get someone prepared to do the hours required

Maybe you could suggest meeting the managers needs whilst staying out of IR35?

Or is it a case of "Do as I say not as I do"?

[Spikeh]

I'm not trying to skive or duck the hours; I come in earlier than 8 quite often and haven't always left 15 minutes early, nor spot on 4pm... it's just the most common time I leave, that's all. Its all come about because the project is late and the project managers wanted a whinge about why... I assure you, I am not the problem, just a passing comment or a scapegoat in this instance.

I do however, want my client to have a clear understanding of the relationship between us; I'm an IT consultant employed by another company, providing expert services to them for the duration of project. The problem is that most managers do not see you as a legal entity, they see you as a temporary resource and rarely have the time or the inclination to study the specifics of the relationship. It's obviously in a contractor's interest to keep up to date with legislation etc, but rarely comes in to play in a real life scenario. I have made it clear to my current client that I am there to provide services, and there are regular discussions / meetings where I provide solutions for various aspects of the project; there's no real confusion as to my expertise, there are just a few points that are obviously misunderstood.

And yes, I'm going through an agency with this one... though I rarely trust agents to deliver the specifics in detail - they often sugar coat things (to both the consultant and the client) to obtain / keep business. I've met a few who understand the difference, but not many I'm afraid to say

To be honest, I may be over analysing things as I always do. There's no real problem, and I'm as flexible as I can be (I'm working the bank holiday and a few weekends, even though I'm not behind. Basically, the project has been very badly managed and massively underestimated), but when a client (or an agent in some past instances!) have stated false facts, it gets my back up!