Part IV Sunday working for shop and betting workers
Opting-out of Sunday work
E143 Contractual requirements relating to Sunday work F3: opting-out notices.
1
Where a shop worker or betting worker gives his employer an opting-out notice, the contract of employment under which he was employed immediately before he gave that notice becomes unenforceable to the extent that it—
a
requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or
b
requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period.
2
Subject to subsection (3), any agreement entered into between an opted-out shop worker, or an opted-out betting worker, and his employer is unenforceable to the extent that it—
a
requires the shop worker to do shop work, or the betting worker to do betting work, on Sunday after the end of the notice period, or
b
requires the employer to provide the shop worker with shop work, or the betting worker with betting work, on Sunday after the end of that period.
3
Where, after giving an opting-in notice, an opted-out shop worker or an opted-out betting worker expressly agrees with his employer to do shop work or betting work on Sunday or on a particular Sunday (and so ceases to be opted-out), his contract of employment shall be taken to be varied to the extent necessary to give effect to the terms of the agreement.
F14
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5
For the purposes of section 41(1)(b), the appropriate date—
a
in relation to subsections (2) and (3) of this section, is the day on which the agreement is entered into, F2. . .
F1b
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