Sunday Working
Shop workers employed before August 26 1994 cannot be forced to work on Sundays. They are also protected against dismissal or detrimental treatment if they refuse to work on Sundays.
Workers starting a job after August 26 1994 who work on Sundays (but not only on Sundays) can also opt out of doing so but they will first have to give the employer three months’ written notice of their intention. The notice must:
(i) be in writing
(ii) be signed and dated by the employee
(iii) state that the employee objects to working on Sundays
Employees will only have to give one months notice - instead of three – where the employer has failed within two months of the employees starting Sunday work to give them written notice in a prescribed form setting out their rights as Sunday workers. The prescribed form is:
Statutory Rights in Relation to Sunday Shop Work
“You have become employed as a shop worker and are or can be required under your contract of employment to do the Sunday work your contract provides for.
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 work in or about a shop on any Sunday on which the shop is open once three months has 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 Sunday working
For
three months after you give the notice, your employer can still require you to do all the Sunday work your contract provides for. After the three month period has ended, you have the right to complain to an employment tribunal if, because of your refusal to work on Sundays on which the shop is open, 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 work on Sunday or that you do not object to Sunday working and then agreeing with your employer to work on Sundays or on a particular Sunday”
During the notice period of three months (or one month if appropriate) the employee can still be required to do the Sunday hours stated in the contract of employment.
It is unlawful to dismiss an employee or otherwise act to his or her detriment (e.g. fail to promote) simply because they have exercised their right to refuse Sunday work.
The relevant legislation, (now contained in the Employment Rights Act 1996, Part 4) applies to all shop workers, including cashiers, counter assistants, warehouse workers, shelf fillers, managers, office staff and cleaners.
Where Sunday work is concerned the Employer should always make sure that whatever arrangement is made with the employee it is in writing and dated and signed by the employee.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Sunday working