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.