Reply to: Dispute over contract terms regarding lunch

[Platypus]

Since the part of the contract you quoted clearly states "hours worked" twice, I'm surprised you're asking the question. To me that clearly means that lunch is not paid.

[LondonManc]

No one should every eat at the desk - it should be banned.
Certainly not contractors and also permies.

Apart from the need to get away from the screen for a short break.
Or the smell of Biryani that John next door has just microwaved.
Then its dropping bits of your turkey mayo baguette into the keyboard, or onto the chair and smearing it in.

No, this practice should be outlawed. Get yourself down to the breakout space, if you can't manage to get out and pay for eating-in at Pret (reclaimable!).

This.

Suck it up, pay it back and make yourself unavailable for that half hour a day.

[Brussels Slumdog]

No one should every eat at the desk - it should be banned.
Certainly not contractors and also permies.

Apart from the need to get away from the screen for a short break.
Or the smell of Biryani that John next door has just microwaved.
Then its dropping bits of your turkey mayo baguette into the keyboard, or onto the chair and smearing it in.

No, this practice should be outlawed. Get yourself down to the breakout space, if you can't manage to get out and pay for eating-in at Pret (reclaimable!).

I spilt coffee over my PC on my last contract and was lucky that they didn't charge me to replace the mother board.
Will not be eating or drinking near my desk in future.

Sent from my SM-A320FL using Contractor UK Forum mobile app

[NotAllThere]

IMPLIES.... You might infer something from it but it would imply!...

Yeah, I know. In my defence, it could of been worse.

[mudskipper]

It's an employee H&S type thing.

Rest breaks at work - GOV.UK

For every six hours you work, you have to have a 20 minute break.

As a supplier, you are responsible for your employees (you) not your client.

Client views you as a temp resource rather than a supplier?

And no-one gets paid for lunch breaks - employees don't, suppliers certainly don't.

[psychocandy]

Probably the agent has submitted his invoice to the client, for 8 hours, and the client has said... no... the 30 minutes for lunch is unpaid. So he's only getting 7.5 hours, and now he's trying to get it fixed. But you cannot falsify timesheets. The best bet is to give him a credit note for the hours you were paid for which you were not entitled.

30 minutes for lunch is extremely unusually. I have never known of an hourly paid contract where payment for lunch is included. I would not expect, nor, obviously, does your agent. It seems the majority (if not all) of the people responding here would also not expect that 30 minutes to be paid.

If I were your agent I'd tell you that neither was it explicitly stated that the lunch time was paid. If it goes to court, then I doubt very much whether your argument would stand, based on reasonable expectations of what the clause infers.

EXACLTLY. As in everyone else in the world knows you dont get paid for lunch apart from OP.

[psychocandy]

It's a hourly rate.
The agent called me again and kept apologizing and saying I need to amend my timesheet for last week.
I feel like I have been cheated and they expect that an apology will fix things.

I even asked him if he can provide a recording of our conversations, where he says that lunch break is unpaid, but he keeps stating that it is 7.5 paid hours and at this point try to reason with him is futile.

CYPHER - I bet you can't find one person on this forum on an hourly rate who gets paid for lunch?

Honestly, its normal. You're going to find your daily billable hours going down to zero if you carry on acting like that.

[psychocandy]

Deskside Engineer
Assignment details state: Hours of work: 09:00 – 17:00 - 30 minutes lunch - Monday to Friday

When were discussing the terms over the phone the agent never mentioned that lunch break is unpaid.

I have been working here for over a month now and got 5 separate timesheets approved for 5 weeks and only today I get a call telling me that I have been overpaid and apparently lunch break is unpaid. Now they want me to amend this week timesheet and input less hours to balance the over-payment.

Nowhere in the contract does it state this. Agents emailed me this bit from the terms:



When agreeing to the terms I was genuinely expecting that I will be getting paid for the full 8 hours daily, so told them that unless they can provide proof this was agreed either in writing or verbally unfortunately I cannot agree to a change in the terms post factum.

What are my options now?

Here are your options:-

1. FFS get a grip. Of course they aint paying you for lunch.

[northernladuk]

IMPLIES.... You might infer something from it but it would imply!

Notwithstanding the the meaning of the contract/clause should be explicit.

WB Dacty. Where you been?

[Lance]

IMPLIES.... You might infer something from it but it would imply!

Notwithstanding the the meaning of the contract/clause should be explicit.

you sir, are a pedant.
I was going to mention this but felt it picky beyond belief.....

[Dactylion]

Probably the agent has submitted his invoice to the client, for 8 hours, and the client has said... no... the 30 minutes for lunch is unpaid. So he's only getting 7.5 hours, and now he's trying to get it fixed. But you cannot falsify timesheets. The best bet is to give him a credit note for the hours you were paid for which you were not entitled.

30 minutes for lunch is extremely unusually. I have never known of an hourly paid contract where payment for lunch is included. I would not expect, nor, obviously, does your agent. It seems the majority (if not all) of the people responding here would also not expect that 30 minutes to be paid.

If I were your agent I'd tell you that neither was it explicitly stated that the lunch time was paid. If it goes to court, then I doubt very much whether your argument would stand, based on reasonable expectations of what the clause infers.

IMPLIES.... You might infer something from it but it would imply!

Notwithstanding the the meaning of the contract/clause should be explicit.

[PerfectStorm]

An IR35 review would've destroyed this clause before you'd even set foot in the office

[GreenMirror]

I just call deskside support to. Come swap it at lunch time.

As desktop support are on your PC then clearly you can bill for the time. Even if you are at lunch.

According to PC, you are permanently at lunch......

[darmstadt]

I do all my contracts on an hourly basis and charge from when I am on the premises to when I leave them. If I eat in the canteen or at my desk they still get charged but if I go offsite for lunch, or any other reason, then they don't get charged. I've also never had a contract that says anything about 'lunch'.

[NotAllThere]

Probably the agent has submitted his invoice to the client, for 8 hours, and the client has said... no... the 30 minutes for lunch is unpaid. So he's only getting 7.5 hours, and now he's trying to get it fixed. But you cannot falsify timesheets. The best bet is to give him a credit note for the hours you were paid for which you were not entitled.

Hours of work: 09:00 – 17:00 - 30 minutes lunch - Monday to Friday

30 minutes for lunch is extremely unusually. I have never known of an hourly paid contract where payment for lunch is included. I would not expect, nor, obviously, does your agent. It seems the majority (if not all) of the people responding here would also not expect that 30 minutes to be paid.

If I were your agent I'd tell you that neither was it explicitly stated that the lunch time was paid. If it goes to court, then I doubt very much whether your argument would stand, based on reasonable expectations of what the clause infers.