Employment Rights Act 1996

232 + Shop workers. E+W+S

(1) In this Act “shop worker” means an employee who, under his contract of employment, is or may be required to do shop work.

(2) In this Act “shop work” means work in or about a shop F1 . . . on a day on which the shop is open for the serving of customers.

(3) Subject to subsection (4), in this Act “shop” includes any premises where any retail trade or business is carried on.

(4) Where premises are used mainly for purposes other than those of retail trade or business and would not (apart from subsection (3)) be regarded as a shop, only such part of the premises as—

(a) is used wholly or mainly for the purposes of retail trade or business, or

(b) is used both for the purposes of retail trade or business and for the purposes of wholesale trade and is used wholly or mainly for those two purposes considered together,

is to be regarded as a shop for the purposes of this Act.

(5) In subsection (4)(b) “wholesale trade” means the sale of goods for use or resale in the course of a business or the hire of goods for use in the course of a business.

(6) In this section “retail trade or business” includes—

(a) the business of a barber or hairdresser,

(b) the business of hiring goods otherwise than for use in the course of a trade or business, and

(c) retail sales by auction,

but does not include catering business or the sale at theatres and places of amusement of programmes, catalogues and similar items.

(7) In subsection (6) “catering business” means—

(a) the sale of meals, refreshments or [F2 alcohol][F3 (in Scotland, alcoholic liquor)] for consumption on the premises on which they are sold, or

(b) the sale of meals or refreshments prepared to order for immediate consumption off the premises;[F4 and alcoholic liquor the same meaning as in the Licensing (Scotland) Act 1976.”]

and in paragraph (a) [F5 “alcohol” has the same meaning as in the Licensing Act 2003] .

(8) In this Act—

• “notice period”, in relation to an opted-out shop worker, has the meaning given by section 41(3),

• “opted-out”, in relation to a shop worker, shall be construed in accordance with section 41(1) and (2),

• “opting-in notice”, in relation to a shop worker, has the meaning given by section 36(6),

• “opting-out notice”, in relation to a shop worker, has the meaning given by section 40(2), and

• “protected”, in relation to a shop worker, shall be construed in accordance with section 36(1) to (5).

Extent Information

E1 S. 232, which previously extended to England and Wales only, extends to England and Wales and Scotland from 6.4.2004 by virtue of the amendment to s. 244(2) by Sunday Working (Scotland) Act 2003 (c. 18), ss. 1(5), 3; S.I. 2004/958, art. 2

Textual Amendments

F1 Words in s. 232(2) repealed (6.4.2004) by Sunday Working (Scotland) Act 2003 (c. 18), s. 1(3)(a); S.I. 2004/958, art. 2

F2 Words in s. 232(7)(a) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 114(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F3 Words in s. 232(7)(a) inserted (6.4.2004) by Sunday Working (Scotland) Act 2003 (c. 18), s. 1(3)(b)(i); S.I. 2004/958, art. 2

F4 Words in s. 232(7) added (6.4.2004) by Sunday Working (Scotland) Act 2003 (c. 18), {s. 1(3)(b(ii)}; S.I. 2004/958, art. 2

F5 Words in s. 232(7)(b) substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 114(b) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)