Part IV Sunday working for shop and betting workers
Opting-out of Sunday work
41AF1Notice of objection by shop workers to working additional hours on Sunday
1
A shop worker may at any time give to his or her employer a written notice, signed and dated by the shop worker, to the effect that he or she objects to doing shop work for additional hours on Sunday.
2
In this Part—
“additional hours” means any number of hours of shop work that a shop worker is (or could be) required to work under a contract of employment on Sunday that are (or would be) in excess of the shop worker's normal Sunday working hours;
“objection notice” means a notice given under subsection (1).
3
The “normal Sunday working hours” of a shop worker are to be calculated in accordance with regulations.
4
Regulations under this section may provide—
a
for the calculation to be determined (for example) by reference to the average number of hours that the shop worker has worked on Sundays during a period specified or described in the regulations;
b
for a calculation of the kind mentioned in paragraph (a) to be varied in special cases;
c
for the right to give an objection notice not to be exercisable in special cases (and subsection (1) is subject to provision made by virtue of this paragraph).
5
Provision under subsection (4)(b) or (c) may, in particular, include provision—
a
about how the calculation of normal Sunday working hours is to be made in the case of a shop worker who has not been employed for a sufficient period of time to enable a calculation to be made as otherwise provided for in the regulations;
b
for the right to give an objection notice not to be exercisable by such a shop worker until he or she has completed a period of employment specified or described in the regulations.
6
But regulations under this section may not include provision preventing a shop worker who has been continuously employed under a contract of employment for a period of one year or more from giving to the employer an objection notice.
7
Regulations under this section may make different provision for different purposes.