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Sunday Working for Shop and Betting Workers - A guide to your rights (leaflet 278)
Date: 16 December 2008
Sunday trading – know your rights
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The laws in relation to Sunday working for shop and
betting workers in England and Wales are now
consolidated into the Employment Rights Act 1996.
In Scotland and Northern Ireland, the law and regulations
provide similar rights for shop and betting workers.
It is important that you understand your Sunday Working
Rights and any document that you are asked to sign by
your employer relating to Sunday working.
If you have any doubts, contact your Usdaw rep or
full-time official for advice.
General
If you are a 'protected' shop or betting worker, this means
that you are automatically protected from having to work
on Sunday if you object to doing so.
If you are not an automatically protected worker, you can
still 'opt-out' of Sunday working.
Are you an automatically protected worker?
Under the law you will be a protected shop or betting
worker if:
In England and Wales you are:
- A shopworker who has been with the same employer
since 26 August 1994 or earlier.
- A betting worker who has been with the same
employer since 3 January 1995 or earlier.
- A shop or betting worker who cannot be required to
work on Sundays under their contract.
In Northern Ireland:
- A shopworker who has been with the same employer
since 4 December 1997 or earlier.
- A betting worker who has been with the same
employer since 26 February 2004 or earlier.
- A shop or betting worker who cannot be required to
work on Sundays under their contract.
In Scotland:
- The only automatically protected employees in
Scotland are those whose contracts cannot require
them to work on Sundays.
Your rights as a protected shop or betting worker
If you are an automatically protected worker, you have the
following rights:
- You can refuse to do Sunday work.
- You cannot be dismissed, disciplined or treated less
favourably, such as being denied overtime, promotion
or training opportunities, if the reason for such
treatment is your refusal to work on Sunday.
- If you are dismissed, disciplined or treated less
favourably, you can complain to an Employment
Tribunal whatever your length of service. A grievance
should be lodged and you should discuss the matter
with your rep and full-time official.
These rights do not apply to those who are only employed
to work on a Sunday and not on any other days of the
week.
I am a protected worker but I would like to work on Sundays
- You can give up your right as a protected worker not
to work on Sunday by giving your employer a written
signed and dated 'opting-in notice'.
- The 'opting-in notice' should say that you want to
work Sundays or that you do not object to doing so.
- In addition to the 'opting-in notice' you should agree
with your employer how many Sundays you wish to
work, for example, every one which is available or one
in every four weeks. It is preferable to have whatever
is agreed between you and your employer put in
writing and you should keep this safely.
- If you are happy to work on occasional Sundays, on
an informal basis, you can do so without signing an
'opting-in notice', this will preserve your 'protected'
status.
- Do not sign an 'opting-in notice' unless you
understand what it means and you are happy about
doing so.
- Remember, you cannot be forced to 'opt-in' against
your wishes. If you have any concerns you should
contact your rep or full-time official.
- If you do give your employer an 'opting-in notice',
you can change your mind later on and 'opt-out',
however, you are required to give your employer three
months' notice if you wish to 'opt-out' and you can
be required to work the Sundays which you have
previously agreed until the three months' notice
period comes to an end.
I am not an automatically protected worker - what rights do I have?
If you are not an automatically protected worker and you do not wish to work Sundays, then you can provide your employer with three months' notice in order to 'opt-out'
of being required to work on a Sunday.
How do I 'opt-out' of Sunday shop or betting work?
- You must give your employer a signed and dated written notice saying that you object to Sunday working - you do not have to give any reasons for your objection, you should ask your employer for a written acknowledgement of your 'opt-out notice' and keep this safely.
- You must then serve a three months' notice period and during this period you are required to fulfil your normal Sunday working attendance requirements if your employer requires you to do so.
- Once the three months' notice period has ended, you have the right not to do any Sunday shop or betting work because you have now 'opted-out' of doing so.
- As an 'opted-out' worker, you have the same rights as an automatically protected worker, namely:
- You can refuse to do Sunday work.
- You cannot be dismissed, disciplined or treated less favourably, such as being denied overtime or promotion or training opportunities, if the reason for such treatment is your refusal to work on a Sunday.
- If you are dismissed, disciplined or treated less favourably, you can complain to an Employment Tribunal whatever your length of service. A grievance should be lodged and you should discuss the matter with your rep and full-time official.
- The right to 'opt-out' applies regardless of length of service. However, the right does not apply to those who are employed to work Sundays only and not on any other day of the week.
- It is important to remember that if you do 'opt-out', your employer is under no obligation to top up your hours during the rest of the week.
The employer's statutory notice
Employers are required to give every shop and betting
worker who is, or who may be, required by their
employment contract to work on Sundays, a written
statement explaining the right to 'opt-out'. This statement
must be given to the worker within two months of the date
he or she starts work. If an employer fails to do this, and
the worker gives the employer an 'opt-out notice', then
the period of that notice is reduced from three months to
one month. This means the worker can stop working
Sundays after only one month instead of after the normal
three month period.
Further information
For further information about your rights or to join Usdaw please contact your Union Representative or local Union office. You can contact your local office by telephoning 0845 6060640 (calls charged at local rate) or write to:
Usdaw, 188 Wilmslow Road, Manchester M14 6LJ.
Sunday Working for Shop and Betting Workers - A guide to your rights (leaflet 278) was correct at date of publication December 2008.
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