united-kingdom contract-law
Dispute about whether a day consists of 7.5 or 8 hours
<p>I've recently run into a dispute for an invoice with a company for whom I'm doing IT contract work about the number of hours in a work day. We agreed on a rate of £N a day, which I had assumed to mean N/7.5 as an hourly rate. However, they have recently said that "everyone contracting here assumes an 8-hour day". The contract that I signed doesn't state either way which one is correct. However, if I adjust said invoice to assume an 8 hour day, I will lose 6.25% of my revenue (assuming my maths is correct).</p>

<p>Without this being specified in the contract (or verbally at any point before today), is it legally acceptable to state that 7.5 hours is the standard amount and that I should bill as such, and what can I do about resolving this issue?</p>

<p>Also what should be done about going into the future with this work and asking for a revised contract? Can I request 6.25% to be added on to my day rate, or ask to be billed on a 7.5 hour basis, and have that stand up against their legal team if push came to shove?</p>

<p>I am invoicing on an hourly basis rather than by half-day/day, and have done many hours of overtime.</p>

<p>Thanks in advance for any help.</p>

<blockquote>
  <p>is it legally acceptable to state that 7.5 hours is the standard
  amount</p>
</blockquote>

<p>No.</p>

<p>Because you are a contractor not employee, there is no "standard" to refer to. You are only entitled to what your contract provides for, that is £N per day no matter how much time you worked. That said, if there is no word "overtime" in the contract, you cannot use one to justify how much you charge. You can, though, charge for weekend days (unless the contract explicitly prohibits working on weekends).</p>

<blockquote>
  <p>what should be done about going into the future with this work and asking for a revised contract? </p>
</blockquote>

<p>1) Learn the lesson; 2) Make up your mind about what you want to be paid for: hours, days or output; 3) Discuss/negotiate contract terms with your clients.</p>

<p>If you are a contractor then how many hours in a day is whatever is needed to provide the services you have been contracted to provide, be that 20 minutes or 20 hours.</p>

<p>If, as seems likely, this is a <a href="https://www.lexology.com/library/detail.aspx?g=e4db749a-0a4c-466f-bb6d-bbf88a9f0809" rel="nofollow noreferrer">sham contract</a>, then you are an employee and entitled to be paid in accordance with the relevant employment terms.</p>
