Hello, my name is Ben and it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what your specific question is.how long you have worked there.
Do you have a contract with them that deals with this issue?
The law does not automatically entitle you to claim for such time. As a locum, you are not treated as an employee but if you were an employee then these lunch breaks would not be payable unless you were on call and on the premises, as required by the employer. If you were out and about doing your own things but on call then this is not classified as working time and you would not be paid for it. However, as a locum you are usually going to be self employed and the rules on working time would not apply to you. That means that the arrangements over lunch breaks and your working time in general will be agreed directly between you and your employer. Sometimes the contract will deal with this issue but if it is silent then unfortunately you would have to find some middle grounds on this. However, if you are not doing any work for them at the time and are simply on call waiting to be called, it is unlikely you will have a strong argument to claim for that time and usually can only claim for time actually worked.
in these situations having a written contract is imperative as both parties know where you stand in relation to these issues. I can see your argument here but as mentioned these rules only apply to workers and as a locum you would be usually self employed and then it is down to what was agreed with your employer
if you are self employed you are not legally entitled to breaks, if you are a worker then you are but these would be unpaid, unless you are required (not voluntarily do so) to stay at your employer's premises
That would almost certainly make you self employed and my earlier advice would still apply. In particular the rules on breaks that apply to workers will not apply to you and the matter will remain unchanged, in that you are not entitled to breaks under law and these will have to be negotiated with your employer.
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