- Latest available (Revised)
- Point in Time (01/04/2018)
- Original (As enacted)
Point in time view as at 01/04/2018.
Employment Rights Act 1996, Section 42 is up to date with all changes known to be in force on or before 28 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where a person becomes a F2... betting worker to whom section 40 applies, his employer shall, before the end of the period of two months beginning with the day on which that person becomes such a worker, give him a written statement in the prescribed form.
(2)If—
(a)an employer fails to comply with subsection (1) in relation to any F3... betting worker, and
(b)the F4... betting worker, on giving the employer an opting-out notice, becomes F5... an opted-out betting worker,
section 41(3) has effect in relation to the F6... betting worker with the substitution for “three months” of “one month”.
(3)An employer shall not be regarded as failing to comply with subsection (1) in any case where, before the end of the period referred to in that subsection, the F7... betting worker has given him an opting-out notice.
F8(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject to subsection (6), the prescribed form in the case of a betting worker is as follows—
You have become employed under a contract of employment under which you are or can be required to do Sunday betting work, that is to say, work—
at a track on a Sunday on which your employer is taking bets at the track, or
in a licensed betting office on a Sunday on which it is open for business.
However, if you wish, you can give a notice, as described in the next paragraph, to your employer and you will then have the right not to do Sunday betting work once three months have passed from the date on which you gave the notice.
Your notice must—
be in writing;
be signed and dated by you;
say that you object to doing Sunday betting work.
For three months after you give the notice, your employer can still require you to do all the Sunday betting work your contract provides for. After the three month period has ended, you have the right to complain to an [F9employment tribunal] if, because of your refusal to do Sunday betting work, your employer—
dismisses you, or
does something else detrimental to you, for example, failing to promote you.
Once you have the rights described, you can surrender them only by giving your employer a further notice, signed and dated by you, saying that you wish to do Sunday betting work or that you do not object to doing Sunday betting work and then agreeing with your employer to do such work on Sundays or on a particular Sunday.”
(6)The Secretary of State may by order amend the prescribed [F10form] set out in [F11subsection (5)].
Extent Information
E1S. 42, 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
F1Words in s. 42 heading inserted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(2)
F2Words in s. 42(1) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(3)
F3Words in s. 42(2)(a) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(4)(a)
F4Words in s. 42(2)(b) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(4)(b)(i)
F5Words in s. 42(2)(b) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(4)(b)(ii)
F6Words in s. 42(2) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(4)(c)
F7Words in s. 42(3) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(5)
F8S. 42(4) omitted (4.5.2016 for specified purposes) by virtue of Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(6)
F9Words in s. 42(4)(5) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1
F10Word in s. 42(6) substituted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(7)(a)
F11Words in s. 42(6) substituted (4.5.2016 for specified purposes) by Enterprise Act 2016 (c. 12), s. 44(1)(d), Sch. 5 para. 4(7)(b)
Modifications etc. (not altering text)
C1S. 42(2) modified (E.W.) (1.5.2012) by Sunday Trading (London Olympic Games and Paralympic Games) Act 2012 (c. 12), ss. 2(2), 3(1)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: