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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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I am a Self employed Maternity nurse Working 24/6 I have

Customer Question

Hi I am a Self employed Maternity nurse Working
24/6 I have Sole charge of baby &hi am meant to have a 3hour break every day if not taken
So I asked to be paid for those hours as over time I normally put this in voice in at the end of each contract my present position I have stayed &extented can I Still claim the over time
It s in my contract .
Any advice pls would be appreciated
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. It appears your original query is a bit muddled maybe due to technical issues. Could you please check and provide the relevant information to your question again. Thanks
Customer: replied 2 years ago.
Hi Ben hope your well I've just seen your messages so I never revived a reply to my question & the payment has gone from my account .
So let's try again
I am a Self employed Maternity nurse not in a hospital in Private house holds. Working Moustly 24/5 /6/7 at times
I n my Contract its says I work 24/5 & I am inentitled to a Break of 3 hours a day if this break is not taken I giet paid per hour as over time .
I normally put in for the over time at the end of each contract But I've re newes my contract 3 times now & stayed with the same family so should I wait ti the end now in August as thier famy Pa has questioned. This
Regards Shelly
Expert:  Ben Jones replied 2 years ago.
Hi Shelly, from what I understand you are allowed to take a 3 hour break every day but if you do not do so and work through that time then you are allowed to claim it as overtime. You would then usually claim for these hours at the end of the contract, rather than on a weekly/monthly basis. So your query is whether you have to wait until the end of the current contract to claim or if you could do it sooner? If that is the case then the first thing you need to look at is your contract and see if there is any clause which states how and when you are entitled to claim for these hours. Does it state that you can only claim for it when your contract ends? If it does then by contract that is what you would be allowed to do so you would need to wait for this to happen before you can claim. If your contract is being renewed then you can try and agree with the employer that you should be allowed to claim for these at each renewal rather than have to postpone this claim indefinitely until the contract may end one day. You can argue that it would be unreasonable to allow these hours to accumulate and not to get paid for them even though the contract would have ended at some point in the meantime. The fact that the contract is renewed should not mean that these payments are brushed under the carpet and allowed to accumulate. Also point out that it could affect them if they are eventually required to make a large one off payment for these hours rather than spreads the payments over time when they pay you chunks accrued to date. The issue is if they refuse to pay you now then the only way to try and force them to would be to take them to court. Would you want to take your current employer to court for payments which you may eventually receive anyway? Also consider you will need to pay for the claim and it will take up additional time and expenses. So it is best to try and negotiate something amicable with the employer and hopefully that would be to allow you to claim for these sooner rather than later. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you