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Are you a shopworker? Would you, for any reason, prefer not to work on Sundays? (Leaflet 356)
Date: 30 March 2006
Are you a shopworker?
Would you, for any reason,
prefer not to work on Sundays?
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This leaflet explains how to use your legal right to opt out of Sunday working.
All UK shopworkers have the right to opt out of Sunday working, unless they only work on Sundays.
This leaflet explains how to use your legal right to opt out.
Joining Usdaw is the best way for shopworkers to ensure that they get what they are legally entitled to.
Join Usdaw today.
Your Legal Rights
All shopworkers (except Sunday only workers), irrespective of their age or length of service, have the right:
- not to be dismissed for refusing to do shopwork on Sundays.
- not to be selected for redundancy for refusing to do shopwork on Sundays.
- not to suffer any other detriment for refusing to do shopwork on Sundays, for example denial of overtime, promotion or training opportunities.
You must give your employer three-months notice in order to 'opt out'
Unless you have been employed continuously as a shopworker, by your current employer, since before 26 August 1994. In that case you need to read the section of this leaflet entitled 'Protected Shopworkers'.
How to opt out of Sunday shopwork
If you want to opt out of Sunday working, for any reason, you must give your employer a signed and dated written notice saying that you no longer wish to work on Sunday.
You do not have to give any reason.
You must, if required by your employer, continue to work on Sundays for three months, unless your Usdaw rep is able to negotiate a shorter notice period.
Shopworkers are entitled not to be dismissed or suffer any detriment by their employer during the notice period.
Once the notice period has ended, you have the right not to do Sunday shopwork. You are protected as an 'opted out' shopworker.
Hours of work
If you opt out of Sunday working, your employer is under no obligation to provide you with alternative hours of work on different days. Opting out may therefore result in a decrease in your weekly wage.
Ask your Usdaw rep if they will help you to negotiate different hours.
After opting out
If you have opted out of Sunday working, you are able to opt back in at any time. However, your employer is not obliged to give you Sunday work.
You still retain the right to opt out of Sunday working again at any time that you wish, although you will need to give up to three months notice again.
Protected shopworkers
If you have been employed continuously as a shopworker in England or Wales by your current employer since before
26 August 1994, you are automatically 'protected' from being required to work Sundays. If you have not signed an Opting In Notice, saying that you wish to do Sunday work, you have the following rights:
- You can refuse to do Sunday work whatever your contract says and whether or not you have done Sunday work in the past.
- You cannot be dismissed, disciplined or treated less favourably because you refuse to work on Sunday.
- If you are dismissed, disciplined or treated less favourably you can bring a case to an Employment Tribunal.
For further information please phone Usdaw on 0845 60 60 640 or e-mail sunday@usdaw.org.uk and ask for Usdaw's leaflet No.278 Sunday trading - know your rights
Joining Usdaw is the best way for shopworkers to ensure that they get what they are legally entitled to.
5 good reasons to join Usdaw
- Usdaw fought for and won the legal right for shopworkers to be able to opt out of Sunday working.
- Usdaw helps our members to opt out of Sunday working if they do not want to work.
- Usdaw negotiates with employers for improved rights at work.
- Usdaw helps its members get their legal rights at work.
- Usdaw is campaigning against extending Sunday trading.
Are you a shopworker? Would you, for any reason, prefer not to work on Sundays? (Leaflet 356) was correct at date of publication February 2006.
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